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HomeMy WebLinkAboutCOW 2014-08-25 COMPLETE AGENDA PACKETTukwila City Council Agenda • COMMITTEE OF THE WHOLE ❖ Op Jim Haggerton, Mayor Councilmembers + Joe Duffie + Dennis Robertson -9 David Cline, CityAdministrator + Allan Ekberg + Verna Seal De'Sean Quinn, Council President + Kathy Hougardy + Kate Kruller Monday, August 25, 2014, 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda is (p /ease limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue presented for discussion. 3. PUBLIC HEARINGS a. Review and update of five of Tukwila's Comprehensive Plan Elements: - Roles and Responsibilities - Community Image - Parks - Economic Development - Tukwila South This periodic review is required by the Washington State Growth Management Act. P /ease bring your Comprehensive P /an binder, Q b. Two ordinances relating to the rezone of two properties on the south side of South 180th Street at Andover Park West. These properties were not included in the Southcenter Plan boundary, and a rezone is needed to re- designate the properties to match the adjacent properties to the south. Quasi judicial (1) Amending the Zoning Map for certain real property from Tukwila Urban Center to Heavy Industrial with a Tukwila South Overlay. (2) Amending the Comprehensive Land Use Map for certain real property from Tukwila Urban Center to Heavy Industrial. Pg.1 Pg.3 4. SPECIAL ISSUES a. Review and update of five of Tukwila's Comprehensive Plan Elements: - Roles and Responsibilities - Community Image - Parks - Economic Development - Tukwila South b. Two ordinances relating to the rezone of two properties on the south side of South 180th Street at Andover Park West. These properties were not included in the Southcenter Plan boundary, and a rezone is needed to re- designate the properties to match the adjacent properties to the south. Quasi judicial (1) Amending the Zoning Map for certain real property from Tukwila Urban Center to Heavy Industrial with a Tukwila South Overlay. (2) Amending the Comprehensive Land Use Map for certain real property from Tukwila Urban Center to Heavy Industrial. Pg.1 Pg.3 (continued...) COMMITTEE OF THE WHOLE MEETING Monday, August 25, 2014 Page 2 4. SPECIAL ISSUES (cont.) c. Financial policies: (1) A resolution adopting revised financial policies. (2) A resolution establishing a debt policy. d. A resolution adopting a financing plan for the Urban Renewal Tukwila International Boulevard (TIB) Redevelopment Project. Pg.19 Pg.41 5. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at www,tukwilawa,gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio /video taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings - Council members are elected for a four -year term. The Council President is elected by the Council members to preside at all Committee of the Whole meetings for a one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL AGENDA SYNOPSIS A/leafing k)cde Prepared Mayor's review 0)100 repiew 08/11/14 NG Motion Alt,t; Date E] Resolution Altgl)ate 08/25/14 CO i I ub/ic 1 1edri,i jj Other A ftp 1)ate i'ill,g Date ItI .1g Date 8/25/14 Si' ( )NA )R Counci/ fl Mayor / IR DCI) EJ Finance EJ I Ire , P&R Po/Ice P// The City is conducting its periodic review and update of its Comprehensive Plan as required Si Imm,\Ry by the Washington Growth Management Act. The Planning Commission has completed its review of the elements to be considered in 2014, and has forwarded its recommendations on the Roles and Responsibilities, Community Image, Parks, Economic Development and Tukwila South Elements to the City Council for action. The Council is being asked to hold a public hearing, review, revise and adopt the updated Elements. Riwinyvv1) BY E COW Mtg. E CA&P Cmte E 1 &S Crnte 11 Transportation Cmte E Utilities Cmte Arts Comm. [I] Parks Comm, 0 Planning Comm. DATE: : MNIITTEE CI {AIR: RECOMMENDATIONS: Si ( )NS( >It /Aimt 0 )mmtyrkr I N. Department of Community Development No Committee Review ITEM INFORMATION ITEM No. 3.A. & 4.A. STAN," Si' )N( )R: NORA GIERLOFF ORI(ANAI, AGNNt),\ Dxiv,: 8/11/14 AG1,1\11.),1 ITEM TITLE 2014 Comprehensive Plan Amendments c.vilv,( )1(y Discussion 8/11/14 Motion Alt,t; Date E] Resolution Altgl)ate LI OrIincme Aft g Date B,d A ard Alt 1)atr, I ub/ic 1 1edri,i jj Other A ftp 1)ate i'ill,g Date ItI .1g Date 8/25/14 Si' ( )NA )R Counci/ fl Mayor / IR DCI) EJ Finance EJ I Ire , P&R Po/Ice P// The City is conducting its periodic review and update of its Comprehensive Plan as required Si Imm,\Ry by the Washington Growth Management Act. The Planning Commission has completed its review of the elements to be considered in 2014, and has forwarded its recommendations on the Roles and Responsibilities, Community Image, Parks, Economic Development and Tukwila South Elements to the City Council for action. The Council is being asked to hold a public hearing, review, revise and adopt the updated Elements. Riwinyvv1) BY E COW Mtg. E CA&P Cmte E 1 &S Crnte 11 Transportation Cmte E Utilities Cmte Arts Comm. [I] Parks Comm, 0 Planning Comm. DATE: : MNIITTEE CI {AIR: RECOMMENDATIONS: Si ( )NS( >It /Aimt 0 )mmtyrkr I N. Department of Community Development No Committee Review COST IMPACT / FUND SOURCE Exi)I,NDITI IRE RI,;(),(JIRE1) AMOUNT B . . ;ETE APPROF'RIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 8/11/14 Forward to 8/25/14 Public Hearing MTG. DATE ATTACHMENTS 8/11/14 Informational Memorandum dated 8/4/14 *Please bring your Comprehensive Plan Binder* 8/25/14 *Please bring your Comprehensive Plan Binder* 2 COUNCIL AGENDA SYNOPSIS Meekg1.1)ate Prepared 125 Mayor's revpdr'" C'(ilin17/ -epiew 08/25/14 NG o n i‘ IA 1)ale ()rdznant' ,iward \ 1i 1 )aI Publi c I leanq ilicr Alil),iie ALN1)rile 8/25/14 Aht Dale 8/25/14 Si' ( r \N )R ( offlhil 11/1,0 or 1 IR OCO l'Iname El 1 lie E IT 111 1-V7R. E l'oli,c E i>i :[)()\,m)ie, The intent of this rezone is to fix an inconsistency created by the adoption of a new St \IM \M. subarea plan and zoning for the Southcenter area. The two subject properties are zoned TUC but were not included in the Southcenter Plan boundary at the property owner's request. The Council is asked to approve a map amendment to re-designate the properties as Heavy Industrial to match the zoning of the adjacent properties to the south. 1 \ II \xi I liY COW Mtg. :A&I) Cmte El l'ekS Cinte EI Transportation Cmte Utilities Cnite 0 Arts Comm. E l'arl;',, Comm. E planning ( omm. 1).11 l'..: COMMUTE:I CI LAIR: NONE - QUASI-JUDICIAL RECOMMENDATIONS: Si ( r\s( dt/Amiry (()\1\111-111 Department of Community Development COST IMPACT / FUND SOURCE ITEM INFORMATION ITEM No. 3.B. & 4.B. 3 S i \l 1 SP( )N,( )R- NORA GIERLOFF 1 61\, \J. z d ND 1 ) \ I 1 : 8/2 / 4 Acd N1) \ 111 \I T I Rezone at S. 180th Street and Andover Park West c: \ 1 1 u ( )R 1111 0/1(i/rim/ A //r; 1),ile Moho)/ AN / >ate o n i‘ IA 1)ale ()rdznant' ,iward \ 1i 1 )aI Publi c I leanq ilicr Alil),iie ALN1)rile 8/25/14 Aht Dale 8/25/14 Si' ( r \N )R ( offlhil 11/1,0 or 1 IR OCO l'Iname El 1 lie E IT 111 1-V7R. E l'oli,c E i>i :[)()\,m)ie, The intent of this rezone is to fix an inconsistency created by the adoption of a new St \IM \M. subarea plan and zoning for the Southcenter area. The two subject properties are zoned TUC but were not included in the Southcenter Plan boundary at the property owner's request. The Council is asked to approve a map amendment to re-designate the properties as Heavy Industrial to match the zoning of the adjacent properties to the south. 1 \ II \xi I liY COW Mtg. :A&I) Cmte El l'ekS Cinte EI Transportation Cmte Utilities Cnite 0 Arts Comm. E l'arl;',, Comm. E planning ( omm. 1).11 l'..: COMMUTE:I CI LAIR: NONE - QUASI-JUDICIAL RECOMMENDATIONS: Si ( r\s( dt/Amiry (()\1\111-111 Department of Community Development COST IMPACT / FUND SOURCE F\pf \ DI I I 'RI RI (.21'ilti D AMOUNT BUDGETED APPROPRIATION REV TIRED Fund Source: CommetiLs: MTG. DATE RECORD OF COUNCIL ACTION 8/25/14 MTG. DATE ATTACHMENTS 8/25/14 Informational Memorandum dated 8/12/14 Ordinance in Draft Form Amending the Zoning Map Ordinance in Draft Form Amending the Comprehensive P an Map 3 4 11111.111111011,11 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Tukwila City Council FROM: Jack Pace, DCD Director BY: Nora Gierloff, Deputy DCD Director DATE: August 12, 2014 SUBJECT: Rezone at S. 180th Street and Andover Park West ISSUE Should two properties zoned Tukwila Urban Center (TUC) but not included in the Southcenter Plan be rezoned to Heavy Industrial (HI)? BACKGROUND The intent of this rezone is to fix an inconsistency created by the adoption of a new subarea plan and zoning for the Southcenter area. In June of 2014 the City Council adopted the Southcenter Plan (formerly known as the Tukwila Urban Center Plan). Two properties just south of 180th Street owned by Sega le Properties, LLC are zoned Tukwila Urban Center. However, these properties were not included in the Southcenter Plan boundary at the property owner's request. The parcels are developed as an internet data center and an office building and the new zoning would not create any Zoning non-conformities. The TUC zoning classification is not applicable now and a map amendment is needed to re-designate the properties as Heavy Industrial to match the zoning of the adjacent properties to the south under the same ownership. The existing Tukwila South Overlay would remain as the parcels are included in the Tukwila South Master Plan. DISCUSSION The proposed change requires a quasi-judicial Type 5 rezone process. This means that it has not gone to a Council Committee. DCD is processing this as a city-initiated change and has scheduled the hearing on August 25th, to coincide with the other 2014 Comprehensive Plan updates. FINANCIAL FINANCIAL IMPACT None RECOMMENDATION The Council is being asked to hold a public hearing on the ordinances amending the Zoning and Comprehensive Plan maps and approve this item at the October 6, 2014 Regular Meeting. ATTACHMENTS A. Draft Ordinance Amending the Zoning Code Map B. Draft Ordinance Amending the Comprehensive Plan Map 5 6 Attachment A Amending Zoning Map AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE ZONING MAP FOR CERTAIN REAL PROPERTY LOCATED AT 6101 S. 180TH STREET AND AT 18000 ANDOVER PARK WEST, TUKWILA, WASHINGTON, FROM TUKWILA URBAN CENTER (TUC) TO HEAVY INDUSTRIAL (HI) WITH A TUKWILA SOUTH OVERLAY (TSO); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1995 the City of Tukwila adopted the Zoning Code and Map based on consideration of existing conditions and Tong -term community goals and since these documents may be reviewed and updated as appropriate; and WHEREAS, at the request of the property owner the subject properties were not included in the Southcenter Plan and therefore do not fall under the new Tukwila Urban Center (TUC) zoning regulations; and WHEREAS, the existing development on the subject properties is consistent with the purposes and regulations of the adjacent Heavy Industrial Zone and Tukwila South Overlay; and WHEREAS, on August 11, 2014, Tukwila held a public meeting regarding proposed changes to the Comprehensive Land Use Map and Zoning Map; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act; and WHEREAS, on August 25, 2014, the City Council held a public hearing and, after receiving and studying staff analysis and comments from the public, has determined the public interest will be best served by amending the Zoning Map designation; and WHEREAS, on August 26, 2014, the Zoning Map change was determined to have no significant environmental impact; and WHEREAS, notices of public meetings and public hearings were published in The Seattle Times, posted on site and mailed to surrounding properties; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W: Word Processing \Ordinances\Zoning Map amended for property on S 180th & on APW 8 -8 -14 NG:bjs Page 1 of 2 7 Section 1. Findings and Conclusions Adopted. The City Council hereby adopts the Findings and Conclusions attached hereto as Exhibit 1. Section 2. Re- designation Approved. The properties located at 6101 S. 180th Street (tax parcel 352304 -9120) and at 18000 Andover Park West (tax parcel 352304- 9055) are hereby approved to be re- designated from Tukwila Urban Center (TUC) to Heavy Industrial (HI), with the Tukwila South Overlay (TSO) to remain, as shown on Exhibit 2. Section 3. Map Amendment Authorized. The Community Development Director or his designee is hereby authorized to amend the City's official Zoning Map to show this change in designation. Section 4. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2014. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel Turpin, Assistant City Attorney Attachments: Exhibit 1 — Findings and Conclusions Exhibit 2 — Revised Zoning Map Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances\Zoning Map amended for property on S 180th & on APW 8 -8 -14 NG:bjs 8 Page 2 of 2 Exhibit 1 Findings and Conclusions — File L14 -0049 ZONING AMENDMENT CRITERIA (TMC SECTION 18.84.030) I Each determination granting a rezone shall be supported by written findings and conclusions showing specifically wherein all of the following conditions exist: (1) That the propoed amendment to the Zoning Map is consistent with the goals, objectives, and policies of the Comprehensive Plan; The proposed change to HI with a TSO would match the zoning and Comprehensive Plan designations of the adjacent properties to the south. While no immediate change is proposed, or expected to the existing development on site, the parcels could be part of future redevelopment envisioned under the Tukwila South Master Plan. The Tukwila South Element of the Comprehensive Plan is currently under review to bring it up to date with the Tukwila South annexation, Development Agreement, Tukwila South Master Plan and Sensitive Area Master Plan. (2) That the proposed amendment to the Zoning Map is consistent with the scope and purpose of this title and the description and purpose of the zone classification applied for; The two affected properties would shift to the adjacent HI district and remain covered by the Tukwila South Overlay. The existing uses on site would continue to be permitted under the proposed zoning and no non - conformities would be created. Per TMC Section 18.41.010, "As an overlay district the Tukwila South Overlay (TSO) may be applied by the City Council to any property lying within the Comprehensive Plan's Tukwila South Master Plan Area." The parcels are included in the Master Plan Area per Ordinance No. 2233. (3) That there are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map; and The Southcenter Plan and revised TUC zoning districts were adopted by the City Council in February of 2014. At the property owner's request the two subject properties had not been included in the Southcenter Plan; therefore the parcels are not within the new zoning district and are not subject to the revised TUC subdistrict zoning regulations. The existing TSO supersedes the underlying zoning district, but an underlying zone is still needed in case the overlay was ever removed. (4) That the proposed amendment to the Zoning Map will be in the interest of furtherance of the public health, safety, comfort, convenience and general welfare, and will not adversely affect the surrounding neighborhood, nor be injurious to other properties in the vicinity in which the subject property is located. The proposed change to HI with a TSO would resolve an inconsistency in the Zoning Map for two properties that have TUC zoning but are not regulated under the Southcenter Plan and TUC subdistrict regulations. No change of use, additional construction or intensification is proposed as part of this rezone. Zoning Map Page 1 of 2 9 Findings and Conclusions — File L14 -0049 (continued) CONCLUSIONS (1) That the proposed amendment to the Zoning Map is consistent with the goals, objectives, and policies of the Comprehensive Plan; 7Jhe proposed change to HI with a TSO would facilitate redevelopment consistent with that envisioned under the Tukwila South Element of the Comprehensive Plan. The parcels are included in the Tukwila South Master Plan Area per Ordinance No. 2233. I I (2) That the proposed amendment to the Zoning Map is consistent with the scope and purpose of this title and the description and purpose of the zone classification applied for; The two affected properties would shift to the adjacent HI district and remain covered by the Tukwila South Overlay. The existing uses on site would continue to be permitted under the proposed zoning and no non - conformities would be created. (3) That there are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map; and When the Southcenter Plan and revised TUC zoning districts were adopted, the two subject properties were left without underlying zoning. While the existing TSO supersedes the underlying zoning district, an underlying zone is still needed in case the overlay was ever removed. (4) That the proposed amendment to the Zoning Map will be in the interest of furtherance of the public health, safety, comfort, convenience and general welfare, and will not adversely affect the surrounding neighborhood, nor be injurious to other properties in the vicinity in which the subject property is located. No change of use, additional construction or intensification is proposed as part of this rezone. There should be no external indications of a change and so no adverse effects. Zoning Map Page 2 of 2 10 Revised Zoning Map Exhibit 2 n an nve 5 180th Street 3523 4 126 City of Tukwila Rezone/Comp Plan Amendment L14-0049 Southcenter Plan Boundary Subject Properties - TUC to HI 11 12 Attachment B Amending Comprehensive Land Use Map i AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE COMPREHENSIVE LAND USE MAP FOR CERTAIN REAL PROPERTY LOCATED AT 6101 S. 180TH STREET AND AT 18000 ANDOVER PARK WEST, TUKWILA, WASHINGTON, FROM TUKWILA URBAN CENTER (TUC) TO' HEAVY INDUSTRIAL (HI); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1995 the City of Tukwila adopted the Comprehensive Land Use Plan and Map based on consideration of existing conditions and long -term community goals and since these documents may be reviewed and updated as appropriate pursuant to RCW 36.70; and WHEREAS, at the request of the property owner the subject properties were not included in the Southcenter Plan and therefore do not fall under the new Tukwila Urban Center (TUC) zoning regulations; and WHEREAS, the existing development on the subject properties is consistent with the purposes and regulations of the adjacent Heavy Industrial District; and WHEREAS, on August 11, 2014, Tukwila held a public meeting regarding proposed changes to the Comprehensive Land Use Map and Zoning Map; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act; and WHEREAS, on August 25, 2014, the City Council held a public hearing and, after receiving and studying staff analysis and comments from the public, has determined the public interest will be best served by amending the Comprehensive Land Use Map designation; and WHEREAS, on August 26, 2014, the Comprehensive Land Use Map change was determined to have no significant environmental impact; and WHEREAS, notices of public meetings and public hearings were published in The Seattle Times, posted on site and mailed to surrounding properties; W: Word Processing \Ordinances \Comp Land Use Map amended for property on S 180th & on APW 8 -8 -14 NG:bjs Page 1 of 2 13 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings and Conclusions Adopted. The City Council hereby adopts the Findings and Conclusions attached hereto as Exhibit 1. Section 2. Re- designatidn Approved. The properties located at 6101 S. 1 180th Street (tax parcel 352304 -9120) and at 18000 Andover Park West (tax parcel 352304- 9055) are hereby approved to be re- designated from Tukwila Urban Center (TUC) to Hbavy Industrial (HI), as shown on Exhibit 2. Section 3. Map Amendment Authorized. The Community Development Director or his designee is hereby authorized to amend the iCity's official Comprehensive Land Use Map to show this change in designation. Section 4. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2014. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel Turpin, Assistant City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachments: Exhibit 1 — Findings and Conclusions Exhibit 2 — Revised Comprehensive Land Use Map W: Word Processing \Ordinances \Comp Land Use Map amended for property on S 180th & on APW 8 -8 -14 NG:bjs Page 2 of 2 14 Exhibit 1 Findings and Conclusions — File L14 -0049 COMPREHENSIVE PLAN CRITERIA (1) Is the issue already adequately addressed in the Comprehensive Plan? If the issue is not addressed in the Comprehensive Plan, is there a public need for the proposed change? The need for the proposed change was created when the Southcenter Plan and revised TUC zoning districts were adopted by the City Council in February of 2014. At the property owner's request the two subject properties had not been included in the Southcenter Plan; therefore the parcels are not within the new zoning district and are not subject to the revised TUC subdistrict zoning regulations. While the existing TSO supersedes the underlying zoning district, an underlying zone is still needed in case the overlay was ever removed. The proposed change to HI would match the zoning and Comprehensive Plan designations of the adjacent properties to the south. The proposed change to the Comprehensive Plan designation is needed to retain consistency with the Zoning Map. (2) Is the proposed change the best means for meeting the identified public need? The Tukwila South Element of the Comprehensive Plan is currently under review to bring it up to date with the Tukwila South annexation, Development Agreement, Tukwila South Master Plan and Sensitive Area Master Plan. The parcels are included in the Master Plan Area per Ordinance No. 2233. The proposed change of these parcels to HI would match the zoning and Comprehensive Plan designations of the adjacent properties to the south. The existing uses on site would continue to be permitted under the proposed zoning and no non - conformities would be created. (3) Will the proposed change result in a net benefit to the community? The two affected properties would shift to the adjacent HI designation. The proposed change would resolve an inconsistency in the Zoning and Comprehensive Land Use Maps for two properties that have TUC designations but are not regulated under the Southcenter Plan and TUC subdistrict regulations. While no immediate change is proposed or expected to the existing development on site, the parcels could be part of future redevelopment envisioned under the Tukwila South Master Plan. Comprehensive Land Use Map Page 1 of 2 15 Findings and Conclusions — File L14 -0049 (continued) CONCLUSIONS I I (1) Is the issue already adequately addressed in the Comprehensive Plan? If the issue is not addressed in the Comprehensive Plan, is there a public need for the proposed change? The proposed change to the Comprehensive Plan designation is needed to retain consistency with the Zoning Map. The need for the proposed change was created when the Southcenter Plan and revised TUC zoning districts were adopted by the City Council in February of 2014. The parcels are not within the new TUC zoning district and are not subject to the revised TUC subdistrict zoning regulations. The proposed change to HI would match the zoning and Comprehensive Plan designations of the adjacent properties to the south. (2) Is the proposed change the best means for meeting the identified public need? The rezone and re- designation of these parcels is being done in concert with the update of the Tukwila South Element of the Comprehensive Plan, which is currently under review to bring it up to date with the Tukwila South annexation, Development Agreement, Tukwila South Master Plan and Sensitive Area Master Plan. The proposed change of these parcels to HI would match the zoning and Comprehensive Plan designations of the adjacent properties to the south. The existing uses on site would continue to be permitted under the proposed zoning and no non - conformities would be created. (3) Will the proposed change result in a net benefit to the community? The proposed change to the adjacent HI district would resolve an inconsistency in the Zoning and Comprehensive Land Use Maps for two properties that have TUC designations but are not regulated under the Southcenter Plan and TUC subdistrict regulations. While no immediate change is proposed or expected to the existing development on site, the parcels could be part of future redevelopment envisioned under the Tukwila South Master Plan. Comprehensive Land Use Map Page 2 of 2 16 Revised Comprehensive Land Use Map Exhibit 2 TUG 1/44.117kive ' - vTUC Oth Street 352:304,612 / 3523049055 HI City of Tukwila Rezone/Comp Plan Amendment 1_14-0049 Southcenter Plan Boundary /77/4 Subject Properties - TUC to HI 17 18 COUNCIL AGENDA SYNOPSIS -1/11/1(1//i 114,fillc;1),414, Pr4pared / .11,ivorr r ilen) (:01110111,1Vell, 08/25/14 PMC 1 . 1 . Resolution resolution L/N, u/-\ 09/02/14 PMC , Rr,lolillion ,110 Dal, 09/02/14 Ord/,la/7 ,e ,.\l/f 1 ),11, 13/1 1)Prinl ililv 1411r 11 Pubk, I learing \11+ I ),ile 1)0-R Po/r,e 01 her ..11/r, l ?die c, \11( ,c )Io al 0/11) tM; !),/ l't 1N `( )k ( 01(17f II \1,13())- 1 i)( o 1 iihuhe lire ITEM INFORMATION ITEM No. 4.C. 19 ',1 \I i ,`,1,c)\,,,()R PEGGY MCCARTHY to restate financial adopting debt policy ORR,IN \i A(,1 1\1)\ 1) \ 11 08/25/14 and \ ( , 1 \ t 1 1 i 1 1 1 1 . 1 . Resolution resolution planning model and general financial policies ■Iull 08/25/14 V10 NH I11! 1 )ale I IR , Rr,lolillion ,110 Dal, 09/02/14 Ord/,la/7 ,e ,.\l/f 1 ),11, 13/1 1)Prinl ililv 1411r 11 Pubk, I learing \11+ I ),ile 1)0-R Po/r,e 01 her ..11/r, l ?die c, \11( ,c )Io al 0/11) tM; !),/ l't 1N `( )k ( 01(17f II \1,13())- 1 i)( o 1 iihuhe lire Sr( 0\ ,,( /10, Approve resolution restating financial planning model and general financial policies and Sti\t\t \io removing policies related to debt and fund balance. A new fund balance policy was approved in October 2012. Approve resolution adopting a new debt policy. RI \ !I \\ 1 1)111 (()\\ \J fl (.\&I' ( lnh H I'Luk OM( 1 nin,portation Crntc Lill 1 ttlitte,, (Ante 1 1 \i.t, ( ,min, Park,. Comm Planning Comm 1 )X11 08/19/14 ComNit rill , (,I1Allt SEAL RECOMMENDATIONS: sp()N)R/A1)\11\ ( ( )\1m111111 Finance 1 Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE i \pi \In] I RI 1 QITIRI 1) AMOUN I 13111)(11 II I) APPROPRIA I ION 1(1 ( RI I) $ 1 uiid 11 'e: Cmymoils MTG. DATE RECORD OF COUNCIL ACTION 8/25/14 . MTG. DATE ATTACHMENTS 08/25/14 Informational Memorandum dated 08/13/14 (Updated after FS meeting) Resolution in Draft Form restating fin planning model & general financial policies Attachment to resolution in strike-through underline format Draft esolution adopting debt policy Draft debt policy Minutes from the Finance and Safety Committee Meeting of 08 9 4 09/02/14 19 20 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance & Safety Committee FROM: Peggy McCarthy, Finance Director BY: Vicky Carlsen, Deputy Finance Director DATE: August 13, 2014 SUBJECT: Resolutions adopting policies related to the debt, the financial planning model, and general financial policies (Modified after FS meeting, see new paragraph on page 2) ISSUE Approve Resolution adopting policies related to the financial planning model and other general financial policies. Approve Resolution adopting debt policies. BACKGROUND In September 2005, the City Council approved Resolution No. 1586 adopting policies related to debt, the financial planning model, and policies of a general financial nature. The policies in the resolution are incorporated in the City's budget document and the financial planning model and capital improvement document. In October 2012, the City Council approved Resolution No. 1774 adopting a reserve policy to maintain an adequate fund balance allowing mitigation of risks to revenues, DISCUSSION There are two resolutions the City Council is being asked to approve. Resolution #1 This resolution restates Resolution No. 1586 by removing the policies related to debt and the policy related to fund balances. The debt policies have been rewritten as a stand-alone debt policy and will be approved in the resolution that follows this one. The fund balance policy that is being removed from this resolution was already approved in a new reserve policy adopted by the Council in October 2012 by Resolution No, 1774. Until the remaining financial planning model and general financial policies can be reviewed and updated as needed, they are being restated in this resolution with minor adjustments that update the names of schedules and statements currently utilized by the City for financial planning purposes. The attachment for the resolution is shown in strike-out underline format to easily see the original attachment and the changes that are being recommended. Resolution #2 This resolution will adopt a new debt policy. The policy outlines the purpose, type, and use of debt, responsibilities of certain City officials, methods of bond sales including when refundings could occur, structural elements of debt, and the use of professionals and other service providers for debt related matters. 21 INFORMATIONAL MEMO Page 2 f"t e r inanOe a d ftt; a testys,„ En ittee me et nt„.1„„„„„. tvvo rev s ts, vve re tit, Et, E.! to the. De' bit Polio y draft to clarify ciect.i.sistrt - riteria for is.s, Li ta X a ble or tax exte„Er!.,sel debt ,..3nd to clarify cond (.„..)rt, S. LI ride: r lchsh rittter En de yt„be ISS . e e (tit, a rstEtutt,,,,,,,„ a re (Jot:, erlted 11 St r ke- t rottah t„Ind Ettriine to r rr, at onpgg..ps and 2 t he Ft 0 iftty draft.. RECOMMENDATION Council is being asked to approve both resolutions and consider these items at the August 25, 2014 Committee of the Whole meeting and subsequent September 2, 2014 Regular Meeting. ATTACHMENTS Draft Resolution restating financial planning model and other general financial policies Attachment to resolution restating financial planning model and other general financial policies in strike-through underline format Draft Resolution adopting debt policy Draft Debt Policy 22 RAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING UPDATED POLICIES RELATED TO THE FINANCIAL PLANNING MODEL AND OTHER GENERAL FINANCIAL POLICIES; AND REPEALING RESOLUTION NO. 1586. WHEREAS, the City Council and Mayor are committed to high standards of financial management; and WHEREAS, adopting and periodically updating and revising financial policies are important steps toward ensuring consistent and rational financial management; and WHEREAS, policies related to the Financial Planning Model and other general financial policies are essential components of an overall financial management policy; and WHEREAS, it is the responsibility of the City Council of the City of Tukwila to provide policy direction through the passage of motions and ordinances, adoption of resolutions, and final approval of the budget; and WHEREAS, the City desires to enact the City's Debt Policy as a stand-alone policy; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Financial policies related to the Financial Planning Model and policies of a general nature, as evidenced in Exhibit A, are adopted. Section 2. The financial policies related to the Financial Planning Model and other general financial policies shall be reviewed on a regular basis and updated as necessary. Section 3. Repealer. Resolution No. 1586 is hereby repealed. VVAVVord Processing \Financial Planning Model policies and other general financial policies 8-8-14 VC:bjs Page 1 of 2 23 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2014. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk De'Sean Quinn, Council President APPROVED AS TO FORM BY: Rachel Turpin, Assistant City Attorney Filed with the City Clerk: Passed by the City Council: Resolution Number: Attachment: Exhibit A — Financial Planning Model Policies and Other General Financial Policies VV:\Word Proce ng\Financial Planning Model policies and other general financial policies 8-8-14 VC:bjs 24 Page 2 of 2 Debt- Ro4-i-oies City of Tukwila - EXHIBIT A &fling toh--,(-R-GIN--3&,a6-)-establishes-the legal •- -oitie& Spec- ifical-ly,---t-his---R-CW----p-rovides--that----debt--ca-nhot-be ihouFred--44--exoess-of-the-fo-liowing--p-eroentages. of -the value-of-the-taxab-le-property of--th-e---C-ity4,5-9,45---w-ithout---a--v-ote--of--the-pe-optei--2,-5%--with- a- vote of-the--peoplei OSVe, with---a--vote---of-the--peopteriacov-ided--the--ihd ebtedhe-s-s--i e-x-oess-of -2,5% of-the-people-,---pfovided---the---i-hdebted-hess-1-h-e-xoess e---deve-lotarne.ht, As-am . ptHetan-ojections-would-- Pfief-4-0- issuing—any---1-ong-trm-bends, the----Admihistration---- -must a-piar-oved--b -th-e-Gity--Go-u- -noit:- p-raotioa-[-oc-fiscai-limitations-, .e. abt -to---repay--b-orrowed--funds, t potent4at-bonthssues-shatt-be--con-sidefeci, Policy. DP-3 --F-i-soal-Poli-oy-for 4a-rg-e-llevelopmeras. To-be--determine-d--, G-.---Ge hef-a.1--Debt- Poky-DP 4 The-Gity-iNiti be-cognizant- of the us -by-r-atihg-age.hoi-es--to ASSeSSCRe-Fit-Debt-(Lflay-shall-be-considefed-as-an----altemative-to GeheFat-Debt consequences, Page 1 of 4 25 Financial Planning Model Policies The six-year "Financial Planning Model and Capital Improvement Program" is the primary financial policy document. It represents the culmination of all financial policies. Revenues Policy FP-1: Revenues will be estimated on a conservative basis. Increases greater than inflation in the schedule known as "Attachment A," tota4-Revenues and Expenditures Governmental Funds, will require additional documentation. Policy FP-2: Major revenue sources will require explanation in the document known as_"Attachment A-1," Notes to Revenues, Expenditures and Fund Balance. Operating ons & Maintenance Expenditures Policy FP-3: Expenditures for the General Fund operations (schedule known as "Attachment B," General Fund Operating_ons & Maintenance-Expenditures) will only include basic inflationary increases at the beginning of the budget preparation process. Proposed increases in programs or personnel will require an issues and options paper and Council approval before being added to the operating ons-A maintenance-expend itures estimate. Capital Expenditures Policy FP-4: Project capital grants with local matching requirements can only be applied for with express approval by the City Council. Grant applications shall be made only for projects listed in the six-year Capital Improvement Program. Policy FP-5: If the proposed grants or mitigation are either not funded or are reduced, the respective project will be reevaluated on the basis of its value and priority level placement in the Capital Improvement Program. Policy FP-6: The financing of limited benefit capital improvements (i.e. private development) should be borne by the primary beneficiaries of the improvement. The principle underlying limited benefit is that the property is peculiarly benefited and therefore the owners do not in fact pay anything in excess of what they receive by reason of such improvement. Page 2 of 4 26 Financial Planning Model Policies (continued) F-ti 4-Balances Tile -General. Fund. 441- maintain- a -designated.-$4,1-00,0G0--tRa4-n-y--Day .F-uncr-bata.nce-that-is-no-t-i-n-cf.uded-in-Attac4ment-AT-Totat-R-eve-n-u- -es-&--Expenciiture-s, •••••••••,••••••••••••assure-a-mum-eash flow-scenano--the-Aceurnutated--Totais--within-the-Si-x--Year--Pianning--Model--may--not reeede-below-the-$3,090-,-0-G0--in-Attaehment-AT-Total-Revenues Expnd-itures-, -Pelt • •-E-P 8- if -G.-amp-liar-ice- with- F-P-7- is--at- ris-k; th-e p-r-oyide-a-list-of-revenue-optionsseryiee-leyettp-rograni-redtletions-er--eapital-pcojeet defec-rais--fo-r-city--Couneit consideration, Enterprise Funds Policy FP-9 7: Each Enterprise Fund shall be reviewed annually and it must have a rate structure adequate to meet its operations and maintenance and long-term capital requirements. Policy FP-10 8: Rate increases shall be small, applied frequently, and staggered to avoid an overly burdensome increase and undue impact in any given year. Policy FP-11 9: Rate increases of external agencies (i.e. King County secondary wastewater treatment fees) will be passed through to the users of the utility. Other General Financial Policies Policy GF-1: The City's various user charges and fees shall be reviewed at least every three years for proposed adjustments based on services provided and comparisons with other jurisdictions. Policy GF-2: The Finance Director shall provide a financial status update at least quarterly. Policy GF-3: Budget amendments during the year may be approved by budget motion until the end of the budget year, at which time a formal comprehensive budget amendment is submitted. Page 3 of 4 27 Policy:-GF4 ----IRteffun-d-loaas--wilf-be-permissi,be if pfa-ctical, Inteiest-rafes-will-be computed based-on the annual aveage of the State Investment Pool earnings rate Policy GF-5 4: The City shall, whenever practical and advantageous, take advantage of grants, loans, or other external financial sources. With the exception of capital improvement program grants requiring a local match, staff shall report to and seek the approval of the appropriate Council Committee before finalizing the grant. Page 4 of 4 28 Ft A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A DEBT POLICY AND PROVIDING FOR APPROPRIATE MANAGEMENT OF DEBT ISSUED BY THE CITY OF TUKWILA. WHEREAS, a debt policy and appropriate management of debt issued by the City is an important factor in measuring the City's financial performance and condition; and WHEREAS, proper use and management of borrowing can yield significant advantages; and WHEREAS, the use of debt is a mechanism to equalize costs of needed improvements to both present and future citizens; and WHEREAS, it is the responsibility of the City Council of the City of Tukwila to provide policy direction through the passage of motions and ordinances, adoption of resolutions, and final approval of the budget; and WHEREAS, a debt policy establishes the purpose, type, and use of debt; responsibilities of various City officials; method of sale of bonds; refundings (bonds or notes); structural elements; credit objective; and the use of professional and other service providers; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The debt policy dated August 2014, attached hereto as "Exhibit A," is hereby adopted by this reference as if set forth in full. Section 2. The debt policy shall be reviewed on a regular basis and updated as necessary. W: \Word Processing \Resolutions \Debt policy adopted 8 -5 -14 VC:bjs Page 1 of 2 29 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2014. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk De'Sean Quinn, Council President APPROVED AS TO FORM BY: Rachel Turpin, Assistant City Attorney Filed with the City Clerk: Passed by the City Council: Resolution Number: Attachment: Exhibit A, City of Tukwila Debt Policy dated August 2014 W: \Word Processing \Resolutions \Debt policy adopted 8 -5 -14 VC:bjs 30 Page 2 of 2 EXHIBIT A CITY OF TUKWILA DEBT POLICY A debt policy and appropriate management of debt issued by the City of Tukwila (the "City ") is an important factor in measuring its financial performance and condition. Proper use and management of borrowing can yield significant advantages. From a policy perspective, the City uses debt as a mechanism to equalize the costs of needed improvements to both present and future citizens. SECTION 1. PURPOSE, TYPE AND USE OF DEBT In the issuance and management of debt, the City shall comply with the Washington State constitution and with all other applicable legal requirements imposed by federal, state and local laws, rules and regulations. Approval from the City Council (the "Council ") is required prior to the issuance of all debt. Long -term debt will only be used for improvements that cannot be financed from current revenues or to fulfill the purposes set forth in the first paragraph of this Debt Policy (the "Policy "). Long -term debt will not be issued prior to reviewing the impact on the Six Year Financial Planning Model and its policy guidelines. When both tax exempt and taxable debt is under consideration, priority will be given to issuing the tax exempt debt, unless °the 'vise justified. Limited Tax General Obligation (LTGO) Bonds. The City is authorized to sell LTGO bonds under RCW 39.36.020, subject to the approval of the Council. LTGO bonds will be issued only if: (1) a project requires funding not available from alternative sources; (2) the project has a useful life longer than five years, and the Council determines it is appropriate to spread the cost over that useful life, to achieve intergenerational equity, so those benefiting will also be the ones paying; (3) matching money is available which may be lost if not applied for in a timely manner; or (4) emergency conditions exist as determined by the Council. LTGO (non- voted) debt of the City shall not exceed an aggregate total of 1.5 percent of the City's assessed value of taxable property within the City. Unlimited Tax General Obligation (UTGO) Bonds. The City is authorized to sell UTGO bonds under RCW 39.36.020, subject to the approval of the Council, and subject to voter approval. UTGO debt will be used for capital purposes when the use of an excess tax levy is necessary for debt service payments. No combination of UTGO (voter approved) debt and LTGO debt of the City shall exceed an aggregate total of: (a) 2.5 percent of the City's assessed value of the taxable property within the City for general purposes; (b) 2.5 percent of the City's assessed value of the taxable property within the City for parks, open spaces and capital facilities associated with economic development; and (c) 2.5 percent of the City's assessed value of the taxable property within the City for utility purposes. Revenue Bonds. The City is authorized to sell revenue bonds under RCW 35.41.030, subject to the approval of the Council. Revenue bonds will be issued to finance the acquisition, construction or improvements to facilities of enterprise systems operated by the City, in accordance with a system and plan of improvements. The enterprise system must be legally authorized for operation by the City. There are no legal limits to the amount of revenue bonds the City can issue, but the City will not incur revenue obligations without first ensuring the ability of an enterprise system to meet all pledges and covenants customarily required by investors in such obligations during the term of the obligation. 1 31 Local Improvement District Bonds. The City is authorized to sell local improvement district (special assessment) bonds ( "LID bonds ") under RCW 35.45.010, subject to the approval of the Council. LID bonds are issued to finance projects that will provide special benefit to certain property owners. The specially benefiting property owners are levied an assessment, based upon a formula developed to fairly reflect the benefit received by each property owner in the local improvement district. After consideration and review, the City may form local improvement districts upon petition of benefiting property owner(s), unless the Council determines to establish such districts by resolution, pursuant to statutory authority. LIDs for utility improvements may be authorized as ULIDs, which may be financed through issuance of Revenue Bonds. Lease Purchase Financing. Lease purchase financing may be used when the cost of borrowing or other factors make it in the City's best interest. Short -Term Debt. The City is authorized to incur short-term debt under chapter 39.50 RCW, subject to the approval of the Council. Short -term debt may be issued to meet: (1) the immediate financing needs of a project for which long -term financing has been identified and is likely ; t1fe€l-or secured but not yet received; or (2) cash flow needs within authorized budgets and anticipated receipts for the budget year. The Finance Director is authorized to make loans from one City fund to another City fund for periods not exceeding twelve months. The Finance Director or designee is required to assure that the loaning fund will have adequate cash balances to continue to meet current expenses after the loan is made and until repayment from the receiving fund. All interfund short-term borrowing will bear interest based upon prevailing Local Government Investment Pool rates. SECTION 2. RESPONSIBILITIES The primary responsibility for debt management rests with the City's Finance Director. The Finance Director shall (or shall cause the following to occur): • Provide for the issuance of debt at the lowest cost and risk; • Determine the available debt capacity; • Provide for the issuance of debt at appropriate intervals and in reasonable amounts as required to fund approved projects; • Recommend to the Council the manner of sale of debt; • Monitor opportunities to refund debt and recommend such refunding as appropriate; • Comply with all Internal Revenue Service (IRS), Securities and Exchange Commission (SEC) and Municipal Securities Rulemaking Board (MSRB) rules and regulations governing the issuance of debt pursuant to the City's Post Issuance Compliance Policy; • Provide information for and participate in the preparation and review of bond offering or disclosure documents; • Comply with all terns, conditions and disclosures required by Ordinances governing the debt issued; • Submit to the Council all recommendations to issue debt; • Distribute to appropriate repositories, such as the EMMA repository managed by the Municipal Securities Rulemaking Board, information regarding financial condition and affairs at such times and in the form required by contract, regulation and general practice, including Rule 2 32 15c2 -12 regarding continuing disclosure; • Provide for the distribution of pertinent information to rating agencies; • Coordinate and lead presentations to rating agencies, when appropriate; • Maintain a database with all outstanding debt; • Apply and promote prudent fiscal practices; • Select a qualified financial advisor with experience in municipal finance in Washington, and registered with the SEC and MSRB as a "municipal advisor," and • Account for and pay all bonded indebtedness for the City , by specifically providing for the timely payment of principal of and interest on all debt; and ensuring that the fiscal agent receives funds for payment of debt service on or before the payment date. The Council shall: • Approve the Debt Policy; • Approve indebtedness; • Approve budgets sufficient to provide for the timely payment of principal and interest on debt; • Determine the most appropriate financing plan for proposed debt, based on recommendation from the Finance Director, upon advice of the City's financial advisor; and • By Ordinance, delegate broad or limited authority to the Finance Director relative to execution of a financing plan approved by the Council. SECTION 3: METHOD OF SALE OF BONDS Competitive Sale. The Finance Director may, upon the advice of the City's financial advisor, submit to the Council a recommendation to sell debt on a competitive bid basis. City debt issued on a competitive bid basis will be sold to the bidder proposing the lowest true interest cost to the City. Such bid may take the form of electronically transmitted offers to purchase the bonds. Negotiated Sale. The Finance Director may, upon the advice of the City's financial advisor, submit to the Council a recommendation to sell debt on a negotiated basis. If debt is sold on a negotiated basis, the negotiations of terms and conditions shall include, but not be limited to, prices, interest rates, redemption provisions and underwriting compensation. The Finance Director, with the assistance of its financial advisor, shall evaluate the terms offered by the underwriter including comparison of terms with prevailing terms and conditions in the marketplace for comparable issues. If more than one underwriter is included in the negotiated sale of debt, the Finance Director shall establish appropriate levels of liability, participation and priority of orders and, with the assistance of its financial advisor, oversee the bond allocation process. Private or Direct Placement. When deemed appropriate to minimize the direct or indirect costs and risks of a debt issue, the Finance Director will, upon the advice of the City's financial advisor, submit to the Council a request to incur debt issue through a private placement or direct bank placement. SECTION 4. REFUNDING BONDS OR NOTES Refundings will be conducted in accordance with chapter 39.53 RCW. Unless otherwise justified, the City will refinance debt to either achieve debt service savings as market opportunities arise, or to 3 33 eliminate restrictive covenants. Unless otherwise justified, an "advance refunding" transaction will require a present value savings of five percent of the principal amount of the debt being refunded. In addition to the savings, any determination to refund debt should take into consideration all costs and negative arbitrage in the refunding escrow. A "current refunding" transaction will require present value savings in an amount or percentage to be determined by the Finance Director based upon the advice of the City's financial advisor. SECTION 5. STRUCTURAL ELEMENTS Maturity Term. The City shall issue debt with an average life less than or equal to the average life of the assets being financed. Unless otherwise stated in law, the final maturity of the debt shall be no longer than 40 years (RCW 39.46.1 10). Debt Service Structure. Unless otherwise justified and deemed necessary, debt service should be structured on a level annual basis. Refunding bonds should be structured to produce debt service savings as determined by the Finance Director, based upon the advice of the City's financial advisor, to be in the best interest of the City. Unless specifically justified and deemed necessary, debt shall not have capitalized interest. If appropriate, debt service reserve funds may be used for revenue bonds. Maturity Structure. The City's long -term debt may include serial and term bonds. Unless otherwise justified, term bonds should be sold with mandatory sinking fund requirements. Price Structure. The City's long -term debt may include par, discount and premium bonds. Discount and premium bonds must be demonstrated to be advantageous relative to par bond structures, given applicable market conditions and the City's financing goals. Interest Payments. Unless otherwise justified and deemed necessary, long -term debt will bear interest payable semiannually. Redemption Features. For each transaction, the City shall evaluate the costs and benefits of call provisions. Capitalization. Debt service reserves may be capitalized for enterprise activities only. Costs of issuance may be capitalized for all debt. Interest costs may be capitalized upon the advice of the City's financial advisor for any type of debt. Bond Insurance. The City may evaluate the costs and benefits of bond insurance or other credit enhancements. Any credit enhancement purchased by the City shall be competitively procured unless otherwise justified. Tax - exemption. Unless otherwise justified and deemed necessary, the City shall issue its debt on a tax - exempt basis. Taxable debt may be justified based on a need for flexibility in use of proceeds, or when expected to reduce burdens relative to IRS rules. SECTION 6. CREDIT OBJECTIVE 34 4 The City shall seek to maintain and improve its bond rating or ratings, as applicable. SECTION 7. USE OF PROFESSIONALS AND OTHER SERVICE PROVIDERS Bond Counsel. All debt issued by the City will include a written opinion by bond counsel affirming that the City is authorized to issue the debt, and that all statutory requirements have been met. The bond counsel opinion and other documents relating to the issuance of debt will be prepared by nationally recognized bond counsel with extensive experience in public finance and tax issues. Bond counsel will be appointed by the Finance Director consistent with the City's general authority to contract. . Financial Advisor. The Finance Director will appoint a financial advisor for each debt issue, or for a specified term, consistent with the City's general authority to contract. The financial advisor shall be nationally recognized, have comprehensive municipal debt experience, including debt structuring and pricing of municipal securities, be registered as a "municipal advisor" with the MSRB and SEC, and have knowledge of State laws relating to City finances. The City financial advisor is to be available for general purposes, and will assist the City with all financing issues. In no case shall the financial advisor serve as underwriter for the City's debt issues. Underwriter. The Finance Director in consultation with the City's financial advisor will select an underwriter for any negotiated sale of bonds. The selection of an underwriter may be for an individual bond issue, series of financings or a specified time period, as determined by the Finance Director. Depending upon the nature and amount of each financing, the Finance Director is authorized, in consultation with the City's financial advisor, to appoint more than one underwriter for each financing and to designate one underwriting firm as the managing underwriter. Other Service Providers. Professional services such as verification agent, escrow agent or rebate analyst shall be appointed by the Finance Director in consultation with the City's financial advisor and/or bond counsel. Other City Policies and Procedures. The City shall comply with its Post- Issuance Tax Compliance Policy, and shall provide the appropriate department heads and staff with educational opportunities to ensure they are aware of requirements that may pertain to bond financed facilities and assets relating to their duties. SECTION 8. POST- ISSUANCE COMPLIANCE PROCEDURES Continuing Disclosure Obligations for All Bonds Purpose. At the time of issuance of any Bonds, regardless of tax status, the City is required to enter into a Continuing Disclosure Undertaking ( "Undertaking ") in order to allow the underwriter of the Bonds to comply with Securities and Exchange ( "SEC ") Rule 15(c)2 -12. The Undertaking is a contract between the City and the underwriter in which the City agrees to provide certain information to an "information repository" operated by the Municipal Securities Rulemaking Board ( "MSRB ") to ensure investors have access to annual updates and related events that occur during the year. 5 35 Responsibility for Undertaking. The Finance Director is responsible for negotiating the terms of and complying with each of the City's Undertakings. The Finance Director will negotiate the terms of the Undertaking at the time of each bond issuance, with a goal of meeting the requirements of Rule 15(c)2 -12, without undue burden on the City. The Finance Director will strive to ensure that each Undertaking is similar to prior Undertakings to the extent possible, to simplify future compliance. Compliance with Undertaking. The Finance Director will have responsibility for ensuring compliance with each Undertaking, which activities may be delegated to staff within the finance department. This will require certain annual filings, by a set due date, as well as periodic filings as certain specified events arise. Filings are to be made through the Electronic Municipal Market Access ( "EMMA ") portal, managed by the MSRB. The Finance Director is responsible for knowing the terms of the City's Undertakings, and ensuring appropriate staff within the finance department and other departments of the City are aware of the events that may require a filing. Certification of Compliance. At the time of each subsequent bond issue, the Finance Director is responsible for reviewing all prior compliance, and providing a statement as to that prior compliance, as required by Rule 15(c)2 -12. Each official statement will include a statement that describes compliance (or non - compliance) with each prior undertaking, which statement will be certified by the Finance Director. Compliance Relating to Tax Exempt Bonds Purpose. The purpose of these post- issuance compliance procedures ( "Compliance Procedures ") for tax - exempt bonds and other obligations issued by the City for which federal tax exemption is provided by the Internal Revenue Code of 1986, as amended (the "Code "), is to facilitate compliance by the City with the applicable requirements of the Code that must be satisfied after the issue date of the bonds to maintain the tax exemption for the bonds after the issue date. Responsibility for Monitoring Post - Issuance Tax Compliance. The City Council of the City has the overall, final responsibility for monitoring whether the City is in compliance with post - issuance federal tax requirements for the City's tax - exempt bonds. However, the City Council has delegated the primary operating responsibility to monitor the City's compliance with post - issuance federal tax requirements for the City's bonds to the Finance Director and has authorized and directed the Finance Director of the City to adopt and implement on behalf of the City these Compliance Procedures. Arbitrage Yield Restriction and Rebate Requirements. The Finance Director will maintain or cause to be maintained records of: (a) purchases and sales of investments made with bond proceeds (including amounts treated as "gross proceeds" of bonds under section 148 of the Code) and receipts of earnings on those investments; (b) expenditures made with bond proceeds (including investment earnings on bond proceeds) in a timely and diligent manner for the governmental purposes of the bonds, such as for the costs of purchasing, constructing and /or renovating property and facilities; (c) information showing, where applicable for a particular calendar year, that the City was eligible to be treated as a "small City" in respect of bonds issued in that calendar year because the City did not reasonably expect to issue more than $5,000,000 of tax - exempt bonds in that calendar year; 6 36 (d) calculations that will be sufficient to demonstrate to the Internal Revenue Service ( "IRS ") upon an audit of a bond issue that, where applicable, the City has complied with an available spending exception to the arbitrage rebate requirement in respect of that bond issue; (e) calculations that will be sufficient to demonstrate to the IRS upon an audit of a bond issue for which no exception to the arbitrage rebate requirement was applicable, that the rebate amount, if any, that was payable to the United States of America in respect of investments made with gross proceeds of that bond issue was calculated and timely paid with Form 8038 - T timely filed with the IRS; and (f) information and records showing that investments held in yield- restricted advance refunding or defeasance escrows for bonds, and investments made with unspent bond proceeds after the expiration of the applicable temporary period, were not invested in higher - yielding investments. Restrictions on Private Business Use and Private Loans. The Finance Director will adopt procedures calculated to educate and inform the principal operating officials of those departments, including utility departments, if any, of the City (the "users ") for which land, buildings, facilities and equipment ( "property ") are financed with proceeds of tax - exempt bonds about the restrictions on private business use that apply to that property after the bonds have been issued, and of the restriction on the use of proceeds of tax - exempt bonds to make or finance any loan to any person other than a state or local government unit. In particular, following the issuance of bonds for the financing of property, the Finance Director shall provide to the users of the property a copy of these Compliance Procedures and other appropriate written guidance advising that: (a) "private business use" means use by any person other than a state or local government unit, including business corporations, partnerships, limited liability companies, associations, nonprofit corporations, natural persons engaged in trade or business activity, and the United States of America and any federal agency, as a result of ownership of the property or use of the property under a lease, management or service contract (except for certain "qualified" management or service contracts), output contract for the purchase of electricity or water, privately sponsored research contract (except for certain "qualified" research contracts), "naming rights" contract, "public- private partnership" arrangement, or any similar use arrangement that provides special legal entitlements for the use of the bond - financed property; (b) under section 141 of the Code, no more than 10% of the proceeds of any tax - exempt bond issue (including the property financed with the bonds) may be used for private business use, of which no more than 5% of the proceeds of the tax - exempt bond issue (including the property financed with the bonds) may be used for any "unrelated" private business use — that is, generally, a private business use that is not functionally related to the governmental purposes of the bonds; and no more than the lesser of $5,000,000 or 5% of the proceeds of a tax - exempt bond issue may be used to make or finance a loan to any person other than a state or local government unit; (c) before entering into any special use arrangement with a nongovernmental person that involves the use of bond - financed property, the user must consult with the Finance Director, provide the Finance Director with a description of the proposed nongovernmental use arrangement, and determine whether that use arrangement, if put into effect, will be consistent with the restrictions on private business use of the bond - financed property; (d) the Finance Director is to communicate with the City's bond counsel and /or financial advisor 7 37 relative to any proposed change in use or special use arrangement that may impact the status of the bonds, before entering into such agreement. 8 38 Finance & Safety Committee Minutes August 19, 2014 - Page 2 B. Resolution: Adopting a Financing Plan for Urban Renewal Tukwila International Boulevard (TIB) Staff is seeking Council approval of a resolution that would adopt a financing plan for purchase of several properties associated with the Urban Renewal Tukwila International Boulevard Redevelopment Project. On August 4, the Council authorized the use of interfund loans to temporarily finance these purchases until a financing plan could be developed. The current estimated cost of the project is $6,100,000 while the estimated proceeds from the future sale of the land is $2,250,000 yielding a net estimated cost of $3,850,000. The City and its financial advisor, the Public Financial Management Group, considered various options and recommend the following: • Enter into a $2,250,000 taxable line of credit for acquisition costs estimated to be recoverable through future property sales; funds would be drawn as needed and the line would be paid off upon sale of the land. • Issue $3,850,000 20 -year taxable bonds for the estimated net cost to the City. • Annual debt service under this plan would approximate $313,000 for 2015 -2016 and $287,000 for 2018 -2034. Committee members asked clarifying questions and it was determined that adoption of this plan does include flexibility if the City hypothetically did not sell the properties. UNANIMOUS APPROVAL. FORWARD TO AUGUST 25, 2014 COMMITTEE OF THE WHOLE. C. Resolutions: Financial Policies Staff is seeking Council approval of two resolutions relating to financial policies. The first is a housekeeping effort that would restate Resolution 1586 by removing the policies related to debt and fund balances. Debt policies have been rewritten as a standalone and the fund balance policy that is proposed to be removed has already been approved separately in a reserve policy adopted in October 2012. The financial policies remaining will be reviewed and updated in the future. The second proposed resolution contains the standalone debt policy noted above. The policy outlines the purpose, type, and use of debt; responsibilities; methods of bond sales; refunding procedures; structural elements; credit objective; use of service providers; and post- issuance compliance procedures. UNANIMOUS APPROVAL. FORWARD TO AUGUST 25, 2014 COMMITTEE OF THE WHOLE. D. Fire Department Staffing and Overtime As information only, Acting Chief Flores provided an overview of the current conditions and impacts of overtime usage in the Fire Department. Long term vacancies and absences have caused the cost of overtime pay to raise dramatically and well over the budgeted amount. In 2013 the budget for Suppression Division overtime was $408,868.00, then increased by $200,000 via a budget amendment. The actual amount spent on overtime in 2013 was $674,736.36. Future solutions could include increasing the budgeted amount, adding staff, or reducing service. Given that the City is currently undergoing an exploratory process to evaluate fire service delivery models, no recommendation is being made at this time. INFORMATION ONLY. E. Fire Department SAFER Grant Acting Chief Flores informed the Committee about the existence of the FEMA SAFER (Staffing for Adequate Fire and Emergency Response) Grant, which provides funding intended to increase the number of firefighters at the scene of an emergency incident. The application period for 2014 has not yet been announced, but the Fire Department intends to apply for the amount necessary to fund six positions. If awarded, this funding would alleviate the overtime costs discussed in the item above. INFORMATION ONLY. 39 40 COUNCIL AGENDA SEVOPSIS Aleetlyq, Date Prepared by Mayor's review, Couthal review 08/25/14 PMC , \ 11 0.)1(Y )/■,//, iron AN Dal, 08/25/14 :Ilig 09/02/14 PMC _137d lniard illi Dale Pnbli, I learin All 1),th, Other Alt f; ()die Re,oltaton Al .1';1)cile 09/02/14 Si' l )NS C >It ( oun(/1 iVia).or 11R 0( 0 I vmphe _ I ire 1 1 IT /V* Pon,e PIV Sl'UN;,( )1C`, Approve resolution adopting a financing plan for the urban renewal Tukwila International sil\t\t \to Boulevard (TIB) Redevelopment Project whereby a $2,250,000 taxable line of credit would be obtained and $3,850,000 taxable 20-year bonds would be issued. RI \ 11 1 1) By 1 1 COW Mig. CA&P Owe Z I^66 Owe Transportation (;mtc Ltilitle, Cmte Art,', Comm. Park', Coinin, Planning Comm. DAlk 08/19/14 (:( )mmilikE CI LAIR: SEAL RECOMMENDATIONS: Si' )\,,()R/Al),\IIN 0 )\1\111111 ITEM INFORMATION ITEM No. 4.D. 41 Si \if SP( )\..,( )R. PEGGY MCCARTHY ic,iN \I /1(;1 \I) \ 1) \ it . 08/25/14 , \ ( d N I ) \ 1 H \I Hill Resolution to adopt Boulevard (TIB) a financing Redevelopment plan for the urban renewal Tukwila International Project. , \ 11 0.)1(Y )/■,//, iron AN Dal, 08/25/14 :Ilig Motron Dare 111 Ord/name Alo,Dale _137d lniard illi Dale Pnbli, I learin All 1),th, Other Alt f; ()die Re,oltaton Al .1';1)cile 09/02/14 Si' l )NS C >It ( oun(/1 iVia).or 11R 0( 0 I vmphe _ I ire 1 1 IT /V* Pon,e PIV Sl'UN;,( )1C`, Approve resolution adopting a financing plan for the urban renewal Tukwila International sil\t\t \to Boulevard (TIB) Redevelopment Project whereby a $2,250,000 taxable line of credit would be obtained and $3,850,000 taxable 20-year bonds would be issued. RI \ 11 1 1) By 1 1 COW Mig. CA&P Owe Z I^66 Owe Transportation (;mtc Ltilitle, Cmte Art,', Comm. Park', Coinin, Planning Comm. DAlk 08/19/14 (:( )mmilikE CI LAIR: SEAL RECOMMENDATIONS: Si' )\,,()R/Al),\IIN 0 )\1\111111 Finance Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE 1, 11 Nt)I i I'M RI Ql111t1 I) AMOUN I 13(1)01 II I) APPROPRIA HON REQuIRLD Fund Source: ominous MTG. DATE RECORD OF COUNCIL ACTION 8/25/14 MTG. DATE ATTACHMENTS 08/25/14 Informational Memorandum dated 08/ / 4 Resolution in Draft Form Minutes from the Finance and Safety Committee Meeting of 08/ 9/ 4 09/02/14 41 42 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance & Safety Committee FROM: Peggy McCarthy, Finance Director DATE: August 13, 2014 SUBJECT: Financing Plan for Urban Renewal Tukwila International Boulevard (TIB) Redevelopment Project ISSUE Council is being asked to approve the proposed financing plan for the urban renewal Tukwila International Boulevard (TIB) Redevelopment Project. BACKGROUND In 2013, the City began budgeting for a project intended to reduce crime through acquiring key properties within the City's urban renewal zone. On April 22, 2013 the City Council approved an ordinance authorizing the City to use condemnation, if necessary, to purchase up to seven properties in the urban renewal zone. Those properties were the: Boulevard Motel, Great Bear Motel, Jet Inn Motel, Knight's Inn Motel, Pawn Shop, Smoke Shop, and Spruce Motel, The City then conducted appraisals, contacted the property owners, and began evaluating the properties to determine a purchasing strategy. On August 27, 2013 the City helped the Federal Government seize three crime-involved motels: Boulevard Motel, Great Bear Motel, and Traveler's Choice Motel. As a result of the motel seizures, and the inability to reach a mutually agreeable purchase with the owner of the pawn shop property within the timeframe necessary to meet the needs of a potential commercial tenant, the City ended negotiations on that property and determined instead to purchase the Traveler's Choice motel, the only seized motel that was not originally in the urban renewal plan. The Council was briefed on these matters early in 2014. In August 2014 the City purchased two of the seized motels at the appraised value (the Great Bear and Traveler's Choice) from the Federal Government and is close to completing the purchase of the Boulevard Motel. The City then plans to purchase the Spruce Motel and Smoke Shop. On August 4, 2014, the Council authorized the use of interfund loans to temporarily finance the property purchases until a financing plan could be developed and executed. The current estimated cost of the project, excluding property management costs, is $6,100,000; the estimated proceeds from the future sale of the land is $2,250,000 yielding a net estimated cost to the City of $3,850,000. 43 INFORMATIONAL MEMO Page 2 DISCUSSION The City, in conjunction with its financial advisor the PFM Group, considered various financing options for the redevelopment project. Based on in-depth analyses, the recommended plan is as follows: • Enter into a $2,250,000 taxable line of credit for acquisition costs estimated to be recoverable through future property sales; funds would be drawn as needed and the line would be paid off upon sale of the land, • Issue $3,850,000 20-year taxable bonds for the estimated net cost to the City. • Annual debt service under this plan would approximate $313,000 for 2015 — 2016 and $287,000 for 2018 — 2034. A detailed discussion and analysis of the options is presented in the attached Recommended Financing Plan for Tukwila International Boulevard (TIB) Redevelopment Project. In the Plan, Scenario 3 is the recommended option. RECOMMENDATION Council is being asked to approve the resolution adopting the proposed financing plan and consider this item at the August 25, 2014 Committee of the Whole meeting and subsequent September 2, 2014 Regular Meeting. ATTACHMENTS -Recommended Financing Plan for Tukwila International Boulevard (TIB) Redevelopment Project. -Draft Resolution: Adopting a Financing Plan for the Urban Renewal Tukwila International Boulevard (TIB) Redevelopment Project. 44 mm The PIM Group City of Tukwila, Washington Recommended Financing PIan for Tukwila International Boulevard (TIB) Redevelopment P 'ect August 19, 2014 Overview Financing Goals The City plans to acquire certain improved property on Tukwila International Boulevard for the purpose of redevelopment. As part of its redevelopment plan, the City will demolish the improvements and offer the vacant land for sa|e, subject to certain development conditions. It is estimated that the property acquisitions will occur in 2014 and early 2015 and cost approximately $6.100.000, The City estimates it may take up to three years (or possibly more) to sell the property, which is estimated to produce proceeds of $2.250.000. While the City expects the redevelopment to provide long term strategic benefit to the Chv, the transactions are expected to result in a net cost to the City of $3,850,000. The City wishes to finance the cost for the acquisition of property, estimated at $6.100.000. in order to amortize the cost over a period of twenty years, The City would also like to have the ability to use proceeds from the sale of properties (estimated at $2.250000) to redeem or prepay debt, in order to reduce overall interest cost. Financing Considerations In reviewing the City's financing oodons, we focused on two questiVns, which are addressed in this section: 1) Could the City use lower cost tax-exempt financing for a portion of the p ject under Internal Revenue Service (IRS) ru|en, and under what conditions; and 2) Given the short term nature of an estimated $2.250.000 of p ject cost, can we reduce the term and, therefore, the overall cost, for a portion of the borrowing without taking on an inordinate amount of risk? Taxable versus Tax Exempt Borrowing Considerations While the City can benefit from tax exempt borrowing for pr jects defined by the IRS as "governmental purpooe." certain projects are considered by the IRS to be''non'governmenta|" due to the actual or perceived private benefits of the project. Tax exempt financing offers the City savings in interest cost, but requires that certain restrictions are met in regard to use of the proceeds and to whom the properties will be sold, Taxable financing provides the City with the most flexibility in the use of proceeds, timing of the sale of the properties and who they may entertain bids from in the sale of the property. In order to issue tax exempt bonds, the City must reasonably anticipate the ability to meet IRS restrictions as summarized by Foster Pepper PLLC, the City's Bond Counsel. 1) The properties financed must be sold no later than 18 months after the date of the first expenditures on purchase of the Property; 2) The City may not enter into any kind of agreement with the purchaser of the property to receive additional payments associated with the property (for example, no agreements that the purchaser will pay extra if the property is not developed in three years); and 3) The amount of tax exempt financing does not exceed the actual sale proceeds received by the City when the property is sold, 4) Alternatively, the City could commit to restrict the sale of property to a non-profit purchaser and qualify for tax exempt financing, although this would restrict the potential pool of purchasers, and could result in lower sales prices for the properties. Due to the limitations above, the City would be compelled to meet certain time constraints, limitations in terms, or limitations in who could buy the property, all of which may reduce the overall value and effectiveness of the redevelopment project. Given the expectation that the City would use the proceeds of sale to prepay or redeem debt, effectively the benefit of tax exempt financing would primarily apply to the $3.850.000 of debt financed for a longer term. We evaluated the difference in debt service between an all taxable bond issuance ($6,100,000) and a combination ($2.25 million taxable and $3.85 million tax-exempt) and determined it is approximately $5UO.00Onr$19.00O per year for 2Oyears, On a net present value basis, this benefit would be lower. Given the relatively small potential savings from using a portion of tax exempt bondn, and the level of conditions or restrictions it would impose upon the City, the City would be best served by using a fully taxable financing for the project. Options to F?educe Overall Financing Cost Because a portion of the financing will be paid from proceeds of the sale of property, estimated to occur within three years, we reviewed financing options that included a combination of short term financing ($2.250.000) and long term financing ($3.850.000). as compared to options for long term financing with the option of defeasing or prepaying bonds with sale proceeds, 2 46 The PFM Group These options are summarized bo|ow, and are based on an all-taxable financing p|an, as discussed above. Appendix A includes more detailed descriptions of the three Scenarios, Scen Number --- -- -- Deoc tion of Scenario Total Debt Service Net Present Va|uoO/S Comments Benefits and Risks Issue $S.1OO.OUOof2U-yma bonds in 2014. Use proceeds of property sales to prepay bonds on the first possible date, in 10 years 8.220.361 0.171.18O • Lock in today's ra dea • Minimize interest rate risk • Potential higher total debt service overall • Hi herneer-tenn ^a men to 2 Borrow $6,100,000 for shor term in 2014; issue long term bonds for the net amount of borrowing (est. $3,850,000) in 2017 7.870.385 5.703.787 • Lower short term interest rates • If long term rates rise less than 1.5096 to 1.8596 between 2014 and 2017, lower total DIS • High degree of interest rate exposure on$3.85O.O00 • Lock in todays rates on $3.85O.O00 long term portion • Lower short term rates on $2,250,000 portion • Matches term of each portion with expected need • Interest rate risk on short term portion, but for a short term period • At current market roteo, savings es imaVsd at $185.000. Even if short term rates rise to 3,85% (from about 1.0Y6 today), same cost as Scenario 1 3 Issue $3.850.UOOof2O-yeor bonds in 2014 and enter into a $2.250.000 Line of Credit in 2014, due in 2017 $8.063.175 5.029.711 Recommendation Given the City's goals of financing the acquisition of property, with the ability to use proceeds from the sale of properties (estimated at $2.250.000) to redeem or prepay debt, in order to reduce overall interest cont, we recommend Scenario 3, which is a combination of short term financing of $2.250.000 and long term financing of $3,850,000. The interest rate risk for this scenario is limited to the smaller amount and shorter term, and is expected to provide overall debt service savings compared to a long term issuance of $6,100,000 of bonds today. As shown in Appendix B. Scenario 3 will also provide for a lower annual debt service payment and more effectively spread the financing cost over a twenty year term. 4 48 PFM Group Appendix A Description of Scenario 1: Scenario 1 assumes the City issues all of the estimated $6.1 million in p ject costs up front in a taxable bond issuance (20 year term) in October 2014, The use of the sale proceeds (at the time of sale), estimated at $225 million, will be used to fund an early redemption account, to caiI the bonds at their ten year par caII, This scenario produces approximately $8,220,361 in total debt service over the 20 year Iife of the financing. The present value of the debt service, discounted at 5.8096. is approximately $6.171.510. * Benefits: Mitigate interest rate risk by locking in financing today • Timing of sale proceeds will have minimal effect on overall financing costs • Take advantage of historically low interest rate environment • Simplicity in financing process Risks: • If rates remain the same the financing would have the greatest cost • If $2,250,000 bonds are not prepaid from property sales proceeds, the full $6,1 million will be outstanding for a greater amount of time, creating costs greater than shown here Estimated Average Annual Debt Service 2O15-2OZ4: $451.000 Estimated Average Annual Debt Service 2025 — 2027: $340.000 (excluding prepayment from $2.250.000)EohmateU Average Annual Debt Service 2028 - $52,000 tion of Scenario 2: Scenario 2 assumes the City issues short term financing for the estimated $6.1 million in pr joot costs in October 2014. As properties are soid, the sale proceeds, estimated at $2.25 million, would be used, along with $3.85 million financed as a long term taxable bond isnuanoe, to take out the short term financing. This scenario produces approximateiy $7,870,365 in total debt service over the 20 year life of the financing, The present value of the debt sen/ice, discounted at 3,8096, is approximately $5.703.787. Benefits: • Utiiize short term rates up front • If interest rates remain the same the financing cost would be lower than scenario 1 5 =1=1 The PFM Group Risks: � Take out finance timing is unnertoin, contingent upon sale of property ° Significant interest rate risk � |f interest rates rise more than 1.5U%'1.85% between now and 2017, the overall cost of the financing would be greater than scenario 1. • Interest rates have been 1.596 higher than today's rates approximately 8596 of the time over the past 20 years. Estimated Average Annual Debt Service 2015-2O1O: $93,000 Estimated Average Annual Debt Service 2O1O-2O34: $314.000 Description of Scenario 3: Scenario 3 assumes the City undertakes the financing in two parts in October 2014: 1. A 3 to 5 year line of credit for $2.25 million in pr ject costs in October 2014. The line of credit would be drawn as needed to purchase property and re-paid upon sale of property. Although the line of credit would carry a variable rate of intenant, the current rates are approximately 1.0%. leaving significant buffer for interest rate risk. 2. A $3.85 million 20' year taxable bVnd, also issued in October 2014. This scenario produces approximately $8,063,175 in total debt service over the 20 year life of the financing. The present value of the debt nervioe, discounted at 3.80%. is approximately Benefits: • Mitigate interes rate risk by locking in a Iarge portion of the financing today • Flexibility with the timing of a portion of funding using the line of credit • Take advantage of historically Iow interest rate environment • Lower debt service than Scenario 1 Risks: • More interest rate exposure than Scenario 1, but much less than Scenario 2 • If properties are not sold in 3 to 5 years, the City may need to refinance the debt for long ternn, which may result in higher interest rates over the long term. Estimated Average Annual Debt Service 2015-2V16: $313.000 Estimated Average Annual Debt Service 2018 — 2034: $287.000 6 50 Period Ending 12/1/2015 12/1/2016 12/1/2017 12/1/2018 12/1/2019 12/1/2020 12/1/2021 12/1/2022 12/1/2023 12/1/2024 12/1/2025 12/1/2026 12/1/2027 12/1 /2028 12/1/2029 12/1/2030 12/1/2031 12/1/2032 12/1/2033 12/1/2034 Total Present Value Appendix B Annual Debt Service Schedule Scenario 1 (1) $ 451,439 453,154 450,949 452,396 452,721 451,805 450,123 452,730 454,177 3,079,744 337,694 341,714 339,713 52,005 $8,220,361 $6,171,160 Scenario lb (2) Scenario 2 Scenario 3 $ 451,439 $ 96,197 $ 313,733 453,154 91,119 312,919 450,949 2,338,463 2,556,417 452,396 312,726 288,614 452,721 316,700 285,622 451,805 314,945 286,910 450,123 317,118 287,670 452,730 313,378 287,927 454,177 313,738 287,484 449,744 313,469 286,526 449,565 312,610 285,033 453,585 315,924 288,079 451,583 313,476 285,459 453,876 315,403 287,443 450,242 316,619 288,822 450,857 312,094 289,574 450,490 312,124 284,681 449,302 316,497 284,457 452,278 314,989 288,682 454,184 312,780 287,128 $9,035,194 $7,870,175 $8,063,175 $9,035,194 $5,703,787 $6,029,711 (1) Assumes the $2,250,000 in property sale proceeds are escrowed to the first call date for the Bonds (') Assumes the $2,250,000 in property sale proceeds are not used to call Bonds prior to maturity 7 51 52 RAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A FINANCING PLAN FOR THE URBAN RENEWAL TUKWILA INTERNATIONAL BOULEVARD (TIB) REDEVELOPMENT PROJECT. WHEREAS, the City of Tukwila plans to, and has, acquired certain improved property on Tukwila International Boulevard for the purpose of redevelopment; and WHEREAS, as part of the redevelopment plan, the City will demolish the improvements and offer the vacant land for sale, subject to certain development conditions; and WHEREAS, it is estimated that the property acquisitions will cost approximately $6,100,000; and WHEREAS, the City estimates it may take up to three years to sell the property, which is estimated to produce proceeds of $2,250,000; and WHEREAS, while the City expects the redevelopment to provide long term strategic benefit to the City, the transactions are expected to result in a net cost to the City of $3,850,000; and WHEREAS, the City wishes to finance the cost of the acquisition of property in order to amortize the cost over a period of 20 years; and WHEREAS, the City would like to have the ability to use proceeds from the sale of properties to redeem or prepay debt in order to reduce overall interest cost; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: W: \Word Processing \Resolutions \Financing Plan for Urban Renewal TIB Project 8 -14 -14 PM:bjs Page 1 of 2 53 The City Council hereby adopts a financing plan for the Urban Renewal Tukwila International Boulevard (TIB) Redevelopment Project whereby the City of Tukwila will secure a 3- to 5 -year $2,250,000 taxable line of credit to finance acquisition costs estimated to be recoverable through future property sales, and whereby a 20 -year $3,850,000 taxable bond will be issued for the estimated net acquisition cost to the City. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2014. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk De'Sean Quinn, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Rachel Turpin, Assistant City Attorney W: \Word Processing \Resolutions \Financing Plan for Urban Renewal TIB Project 8 -14 -14 PM:bjs 54 Page 2 of 2 Finance & Safety Committee Minutes August 19, 2014 - Page 2 B. Resolution: Adopting a Financing Plan for Urban Renewal Tukwila International Boulevard (TIB) Staff is seeking Council approval of a resolution that would adopt a financing plan for purchase of several properties associated with the Urban Renewal Tukwila International Boulevard Redevelopment Project. On August 4, the Council authorized the use of interfund loans to temporarily finance these purchases until a financing plan could be developed. The current estimated cost of the project is $6,100,000 while the estimated proceeds from the future sale of the land is $2,250,000 yielding a net estimated cost of $3,850,000. The City and its financial advisor, the Public Financial Management Group, considered various options and recommend the following: • Enter into a $2,250,000 taxable line of credit for acquisition costs estimated to be recoverable through future property sales; funds would be drawn as needed and the line would be paid off upon sale of the land. • Issue $3,850,000 20 -year taxable bonds for the estimated net cost to the City. • Annual debt service under this plan would approximate $313,000 for 2015 -2016 and $287,000 for 2018 -2034. Committee members asked clarifying questions and it was determined that adoption of this plan does include flexibility if the City hypothetically did not sell the properties. UNANIMOUS APPROVAL. FORWARD TO AUGUST 25, 2014 COMMITTEE OF THE WHOLE. C. Resolutions: Financial Policies Staff is seeking Council approval of two resolutions relating to financial policies. The first is a housekeeping effort that would restate Resolution 1586 by removing the policies related to debt and fund balances. Debt policies have been rewritten as a standalone and the fund balance policy that is proposed to be removed has already been approved separately in a reserve policy adopted in October 2012. The financial policies remaining will be reviewed and updated in the future. The second proposed resolution contains the standalone debt policy noted above. The policy outlines the purpose, type, and use of debt; responsibilities; methods of bond sales; refunding procedures; structural elements; credit objective; use of service providers; and post- issuance compliance procedures. UNANIMOUS APPROVAL. FORWARD TO AUGUST 25, 2014 COMMITTEE OF THE WHOLE. D. Fire Department Staffing and Overtime As information only, Acting Chief Flores provided an overview of the current conditions and impacts of overtime usage in the Fire Department. Long term vacancies and absences have caused the cost of overtime pay to raise dramatically and well over the budgeted amount. In 2013 the budget for Suppression Division overtime was $408,868.00, then increased by $200,000 via a budget amendment. The actual amount spent on overtime in 2013 was $674,736.36. Future solutions could include increasing the budgeted amount, adding staff, or reducing service. Given that the City is currently undergoing an exploratory process to evaluate fire service delivery models, no recommendation is being made at this time. INFORMATION ONLY. E. Fire Department SAFER Grant Acting Chief Flores informed the Committee about the existence of the FEMA SAFER (Staffing for Adequate Fire and Emergency Response) Grant, which provides funding intended to increase the number of firefighters at the scene of an emergency incident. The application period for 2014 has not yet been announced, but the Fire Department intends to apply for the amount necessary to fund six positions. If awarded, this funding would alleviate the overtime costs discussed in the item above. INFORMATION ONLY. 55 56 Upcoming Meetings & Events August /September 2014 25th (Monday) 26th (Tuesday) 27th (Wednesday) 28th (Thursday) 29th (Friday) 30th (Saturday) ➢ Transportation Crate, 5:15 PM (Foster Conference Room) ➢ City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) ➢ Community Affairs & Parks Crate, 5:30 PM (Hazelnut Conference Room) Peanut Butter and Jam Family Entertainment Series FREE family fun! 12:00 Noon This week: Eric Ode > Planning Commission, 6:30 P1VI (Council Chambers) Last Splash of Summer Movie Night , „111 ,j 8:00 PM (Tukwila Pool) Movie: Frozen Free event. For more information call 206 - 267 -2350. Tukwila Int'l. Action Trash Pickup 9:00 10:00 For location information Sharon 206- 200 Cmte's �v2 contact Mann -3616 Blvd. Day AM or ➢ Lodging Tax Advisory Committee meeting, 12:00 NOON (Double Tree Suites, 16500 Southcenter Plz,vy) ➢ Tukwila Metropolitan Park District Board of Commissioners, 5:30 PM (Council Chambers) 1st (Monday) 2nd (Tuesday) 3rd (Wednesday) 4th (Thursday) 5th (Friday) 6th (Saturday) Labor City offices ;sue li Gl r Day closed lomm, ➢ Chamber of Commerce Gov't. & Community Affairs Cmte, 12:00 NooN (Chamber Office) D Finance & Safety Crate, 5:30 PM (Hazelnut Conference Room) ➢ Equity & Diversity Commission, 5:15 PM (Hazelnut Conference Room) ➢ Arts Commission, 5:30 Pm (Community Center) ➢ Library Advisory Board, 7:00 Prvi (Community Center) > Civil Service Commission, Cancelled ➢ Utilities Cmte, 5:15 Prvi (Foster Conference Room) ➢ City Council Executive Session, 6:15 Prvi (Hazelnut Conference Room) ➢ City Council Regular Mtg., 7:00 Prvi (Council Chambers) > City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall. > City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM, Council Chambers at City Hall. ➢ Civil Service Commission: 1st Mon., 5:00 PM, Hazelnut Conf. Room. Contact Kim Gilman at 206 -431 -2187. > Community Affairs & Parks Committee: 2nd & 4th Tues., 5:30 PM, Hazelnut Conf. Room (A) An ordinance adopting the 2014 Edition of the National Electrical Code. > Equity & Diversity Commission: 1st Thurs., 5:15 PM, Hazelnut Conf. Room. Contact Joyce Trantina at 206 - 433 -1868. > Library Advisory Board: 1st Tues., 7:00 PM, Community Center. Contact Stephanie Gardner at 206 -767 -2342. >Lodging Tax Advisory Committee: Every other month (or as scheduled), 12:00 NOON. Contact Katherine Kertzman at 206 -575 -2489. > Transportation Committee: 2nd & 4th Mon., 5:15 PM, Foster Conf. Room (A) City Tour of Transportation Facilities and Projects. 57 Tentative Agenda Schedule MONTH MEETING 1- REGULAR MEETING 2 - C.O.W. MEETING 3 - REGULAR MEETING 4 - C.O.W. August 4 11 18 25 See agenda packet cover sheet for this week's agenda (August 25, 2014 Committee of the VVhole Meeting). September 2 (Tuesday) Special Presentations: 8 Special Presentations: 15 Special Presentation: 22 Committee of the Whole to be followed by a Special Meeting. Indoor Air Environmental Health Project Update. Budget Update 2015 -2016. Proclamation: Introduction of Officer David Pollett. Taking Back Our Boulevard. Special Issues: New Fire Department Engine. Proclamation: Mayors Day of Concern for the Hungry. Comprehensive Plan update review. A proclamation for National Recovery Month. Consent Agenda: A resolution authorizing the cancellation of outstanding General Fund claims and payroll checks. Unfinished Business: After School Programming Funding Options. Financial Policies. A resolution adopting a financing plan for the Urban Renewal Tukwila International Boulevard Redevelopment Project. 58