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Home My WebLink About2015-04-20 Regular MinutesTukwila City Council Regular Meeting City Hall Council Chambers April 20, 2015 — 7:00 P.M. MINUTES REGULAR MEETING CALL TO ORDER/PLEDGE OF ALLEGIANCE /ROLL CALL Mayor Haggerton called the Regular Meeting of the Tukwila City Council to order at 7:06 p.m. and led the audience in the Pledge of Allegiance. ROLL CALL Christy O'Flaherty, City Clerk, called the roll of the Council. Present were Councilmembers Joe Duffie, Dennis Robertson, Kate Kruller, Allan Ekberg, Verna Seal, Kathy Hougardy, De'Sean Quinn. CITY OFFICIALS Jim Haggerton, Mayor; David Cline, City Administrator; Ann Marie Soto, Assistant City Attorney; Bruce Linton, Deputy Police Chief; Peggy McCarthy, Finance Director; Mary Miotke, IT Director; Laurel Humphrey, Council Analyst; Christy O'Flaherty, City Clerk. AGENDA AMENDMENT MOVED BY EKBERG, SECONDED BY DUFFIE TO MOVE ITEM 2 — SPECIAL PRESENTATIONS DOWN IN THE AGENDA UNTIL THE ISSUES ASSOCIATED WITH TECHNOLOGY ARE RESOLVED. MOTION CARRIED 7 -0. APPOINTMENTS /PROCLAMATIONS a. Confirm the appointment of Osman Egal to Position #5 on the Human Services Advisory Board, with a term expiring 4/30/17. MOVED BY SEAL, SECONDED BY DUFFIE TO CONFIRM THE APPOINTMENT OF OSMAN EGAL TO POSITION #5 ON THE HUMAN SERVICES ADVISORY BOARD, WITH A TERM EXPIRING 4/30/17. MOTION CARRIED 7 -0. Mr. Egal was in attendance, and the Mayor noted he is one of the City's Community Connectors. b. Confirm the appointment of Borka Paponjak to Position #6 on the Human Services Advisory Board, with a term expiring 4/30/17. MOVED BY QUINN, SECONDED BY DUFFIE TO CONFIRM THE APPOINTMENT OF BORKA PAPONJAK TO POSITION #6 ON THE HUMAN SERVICES ADVISORY BOARD, WITH A TERM EXPIRING 4/30/17. MOTION CARRIED 7 -0. c. A proclamation for "Stand Against Racism Day." Mayor Haggerton read a proclamation declaring April 24, 2015 as "Stand Against Racism Day" in the City of Tukwila and encouraging all public officials, educators, businesses, community leaders and the residents of Tukwila to observe this day and commit themselves to stand against racism whenever and wherever it may appear. Olivier Santos, YWCA Employment Specialist for Youth and Young Adults, accepted the proclamation from Mayor Haggerton. He thanked the City for highlighting this important issue and taking a stand against racism. He brought pins that were distributed to the City Council and invited them to the YWCA's 2015 Stand Against Racism event on April 24, 2015 from 11:30 a.m. -2:00 p.m. at Town Hall Seattle, 1119 8th Avenue, Seattle. Tukwila City Council Regular Meeting Minutes April 20, 2015 Page 2 of 9 The Councilmembers thanked Mr. Santos for bringing this important issue to the forefront CITIZEN COMMENTS Bill Holstine, 4251 South 1601h Street, spoke regarding his viewpoint that 3 -story homes should not be built in neighborhoods with 1 -story homes. He said the City issues approximately 18 building permits per year for residences, and he would like to see a moratorium on the building of these larger homes. He encouraged the Council to make a motion to implement a moratorium. He also spoke regarding a care facility going in on the northeast corner of South 160th and 42nd Avenue South. A similar facility went up in Normandy Park and only lasted for approximately 6 months. From his standpoint, if a facility like this goes up in Tukwila, there will be many people on the street that may have substance abuse issues or be mentally and /or physically challenged, which will cause an increase in 911 calls. CONSENT AGENDA a. Approval of Minutes: 4/6/15 (Regular Mtg.) b. Approval of Vouchers #368925- 369027; #150300, 150402 - 150403 in the amount of $2,425,010.08. c. Authorize the Mayor to sign a contract with Laser Underground and Earthworks, Inc., for the 2015 Annual Small Drainage Program — Longacres Way South Project in the amount of $55,441.00. (Reviewed and forwarded to Consent by Utilities Committee on 4114115.) d. A resolution adopting the revised Comprehensive Water Plan, dated February 2015, and providing for water service policies for the City, and repealing Resolution No. 1834. RESOLUTION 1857 (Reviewed and forwarded to Consent by Utilities Committee on 4114115.) MOVED BY DUFFIE, SECONDED BY ROBERTSON THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED 7 -0. SPECIAL PRESENTATIONS a. Update on recent bond sale for Interurban Avenue and Boeing Access Road Bridge. Peggy McCarthy, Finance Director, and Duncan Brown, Senior Managing Consultant with PFM. Peggy McCarthy, Finance Director, introduced Duncan Brown, Senior Managing Consultant with PFM, to the City Council. Mr. Brown utilized a Powerpoint presentation to provide an overview of the recent bond sale regarding the Interurban Avenue and Boeing Access Road Bridge Project. Key points of the presentation were as follows: Completed Milestones -City Council passed Bond Ordinance on March 16, 2015 – Included delegation of authority to City Finance Director with respect to bond sale – Included parameters limiting bond size, interest rate, final maturity, etc. -Obtained favorable credit rating – "AA" by Standard and Poor's -City staff, in consultation with PFM, established method of sale – City's first competitive sale -Finalized Preliminary Official Statement ( "POS ") and distributed to prospective investment banks and investors -On Tuesday, April 14, 2015, the City sold the Bonds by competitive sale –PFM verified the bids for mathematical accuracy and compliance with bid parameters –After awarding the Bonds to the winning bidder, PFM made minor adjustments to the Bonds to ensure substantially equal annual debt service payments -Finalizing Official Statement -Bonds expected to close Tuesday, April 28, 2015 (receipt of funds) Tukwila City Council Regular Meeting Minutes April 20, 2015 Page 3 of 9 Methods of Bond Sale There are 3 different primary methods of selling bonds: competitive, negotiated, and direct placement: In a competitive sale, the City selects an underwriter (or syndicate of underwriters) through a sealed -bid process on the day of sale —City receives bids from underwriters throughout the country —Bonds are awarded to the bidder offering the lowest True Interest Cost ( "TIC ") —In general, competitive sales are better suited for strong, well- understood credits, with simple bond structures, and relatively stable market conditions — Strong nationwide demand for highly -rated bonds — bids may vary by as much as 0.30% In a negotiated sale, the City selects an underwriter (or syndicate of underwriters) in advance of the bond sale — Negotiates interest rates with underwriter on the day of sale — Underwriter may be involved in bond structure and marketing strategy in advance of the sale — Better suited for unusual credit types, complex bond structures, and /or volatile market conditions In a direct placement, the City sells bonds directly to a single investor, typically a bank or other financial institution — Utilized by the City for its December 2014 Tukwila International Boulevard financings Summary of Bidders •A total of 8 underwriters registered to bid on the Bonds in advance of the sale •4 underwriters submitted bids -The winning bid was submitted by Sterne, Agee & Leach, Inc., of Birmingham, Alabama — Determined by lowest "True Interest Cost" or "TIC" (incorporates interest rate cost and underwriter compensation) -Piper Jaffray submitted the second place bid -- a mere 0.004% behind the winner -After sizing and adjustments, the final TIC was 2.548145% Actual vs. Preliminary and Budgeted Numbers -Average annual debt service on the bonds is $390,000 — over $50,000 less than budgeted in 2015 and 2016 -The bonds' true interest cost and debt service also compare favorably to preliminary estimates prior to the sale date. The Councilmembers asked clarifying questions of Mr. Brown regarding the presentation and offered the following comments: This was one of the most professional approaches to a bond sale in the last 20 years; The ability to sit in during the actual bond sale was enlightening and interesting; The AA bond rating is a reflection of the City's prudent fiscal decisions; and Acknowledgement that this bond sale was for important infrastructure and safety improvements in the area of Interurban Avenue and the Boeing Access Road Bridge. Mayor Haggerton complimented Peggy McCarthy, Finance Director, and the staff of the Finance Department for their excellent work in assuring the City has a strong financial foundation. b. Watershed -Based Restoration and Salmon Recovery in Tukwila. Doug Osterman, Watershed Coordinator, Green /Duwamish and Central Puget Sound Watershed (WRIA9). Doug Osterman, Watershed Coordinator for WRIA9, utilized a Powerpoint presentation to provide an overview of this subject. Purpose and Outline -Update Council on salmon recovery progress at 10 -year mark of recovery plan implementation -Provide context for Tukwila's consideration of renewed 2016 -2025 interlocal agreement I. Watershed geography Il. Salmon recovery timeline III. Watershed -based recovery plans IV. Governance /leadership Tukwila City Council Regular Meeting Minutes April 20, 2015 V. Funding VI. Accomplishments VII. Tukwila priorities VIII. Interlocal agreement renewal next steps What's a WRIA? -Water Resource Inventory Area -WRIA 9 is: Green /Duwamish Central Puget Sound Watershed -One of the most urban and populated watersheds in the state The Road to Recovery 1999 Chinook salmon listed as threatened 2001 Jurisdictions sign interlocal agreement (ILA) to recover salmon 2005 Watershed recovery plan completed — chapter of Puget Sound Salmon Recovery Plan 2006 Begin first 10 years of implementation 2007 Federal adoption of Puget Sound Recovery Plan; ILA renewed 2015 First 10 years of implementation; Initial ILA sunsets Salmon Recovery Plans — Watersheds as part of Puget Sound • WRIA9 Plan — approved 2005 • Puget Sound Salmon Recovery Plan — Approved 2007 • Action Agenda for Puget Sound Recovery — Approved 2008 and updated 2014 Governance /Leadership — WRIA9 Watershed Ecosystem Forum -Stakeholders representing: - 17 Local governments - Community and environmental organizations - Business -Port of Seattle -King Conservation District -Water and sewer districts -State and federal agencies - Citizens -Fostering strong regional collaboration and governance -Leveraging individual jurisdiction dollars for watershed benefits Role of the WRIA9 Watershed Ecosystem Forum • Directing implementation and funding • Providing policy direction • Educating and engaging • Building capacity Page 4 of 9 Integrating Other Efforts -Fish passage at Howard Hanson Dam and Tacoma Diversion Dam -Hatchery & harvest management -Lower Green River System -Wide Improvement Framework -Providing education and stewardship services in partnership with Environmental Science Center, King Conservation District, Flood Control District, and community organizations -Regional stormwater management -Riparian area stewardship and noxious weed treatment -Puget Sound recovery Funding for Salmon Recovery WRIA 9 grant rounds allocate $2.5 million annually -State and federal grants: - Salmon Recovery Funding Board -Puget Sound Acquisition and Restoration Tukwila City Council Regular Meeting Minutes April 20, 2015 -EPA National Estuary Program — Puget Sound recovery -Local funding sources: -King Conservation District - Cooperative Watershed Management Grants (through King County Flood Control District) Interlocal Agreement Funding Local government partners share costs of coordination and implementation. Cost share formula: jurisdiction area / population / assessed value Tukwila cost shares: -Total WRIA 9 2015 ILA costs = $411,961 -Tukwila 2015 cost share = $11,762 What Have We Accomplished •918 acres protected through acquisition or easement •80 acres of riparian area planted •1.2 miles of levees removed or set back •57 acres of floodplain reconnected •3,370 feet of marine shoreline restored •$137 million in grant funds leveraged by 2015 Page 5 of 9 Tukwila Projects -Chinook Wind and Duwamish Gardens acquisition and rehabilitation: Creating shallow water habitat in the transition zone -North Winds Weir: Developed two acres of off - channel, shallow water, resting and rearing habitat -Outstanding leadership from the Tukwila City Council and Mayors What's Next -Renewing Interlocal Agreement (ILA) and Memorandum of Understanding on or before the end of 2015. -The ILA term will be for 10 years and will involve a cost share increase of 3 -5 %. Ongoing Recovery The future of salmon and watershed health is in the hands of every community. Salmon recovery faces numerous challenges: • Public support and political will • Adequate funding • Climate change and ocean conditions • Land use pressures Local governments working together do make a difference. The Councilmembers asked questions regarding the presentation and exchanged the following comments: Appreciation for this presentation and the ongoing status updates from Councilmember Robertson as a WRIA9 committee member; Interest in ensuring collaboration with other environmental agencies such as the King Conservation District; The importance of citizens being mindful of the damage cleaning agents can do in the storm water system; A request that the video shown during this presentation be available on Tukwila's Channel 21; Awareness that there are a great many educational opportunities for adults and children in this area regarding our waterways and salmon habitat; The need for tree revegetation and a broader tree canopy in Tukwila; and The significance of Mr. Osterman's leadership and involvement in this critical regional issue. Mayor Haggerton emphasized the power of partnerships in this important environmental effort and thanked Mr. Osterman for the excellent presentation. Tukwila City Council Regular Meeting Minutes April 20, 2015 Page 6 of 9 NEW BUSINESS a. Council authorization of an injunction against certain property owners relating to marijuana violations. Verna Seal, Chair of the Community Affairs and Parks Committee, provided an overview of this topic. Ordinance No. 2439 established a moratorium on the establishment, location, operation, licensing, maintenance or continuation of medical cannabis collective gardens or dispensaries within the City. Recent law enforcement raids have identified two instances in which this moratorium has been violated. There are a couple of ways the City can enforce its moratorium. The most efficient method would be for the City to seek injunctive relief from King County Superior Court. A preliminary injunction could most likely be obtained within several weeks. This issue was discussed at the April 13, 2015 Community Affairs and Parks Committee meeting, and there was unanimous approval to bring this option forward for consideration at the April 20, 2015 City Council meeting. There will be legal costs associated with an action for injunctive relief. It is difficult to estimate these costs at this time; however, they will likely range somewhere from $3,000 to $10,000. There are funds in the City's litigation budget that would cover these expenses. The City Council is being asked to authorize the Mayor to institute legal proceedings against two property owners who are in violation of the City's medical cannabis moratorium. Such legal proceedings would include motions for preliminary and permanent injunctions, if necessary, as well as any related legal proceedings, such as any appeals that may follow. MOVED BY KRULLER, SECONDED BY DUFFIE TO DISCUSS THIS ISSUE. MOTION CARRIED 7 -0. Councilmember Robertson explained that a couple of years ago, the state created a temporary opportunity for illegal marijuana operations in residential areas. While the state did not do this on purpose, it will not be resolved until at least July 2016 based on newly passed legislation. It has been very difficult for our Police to gain access to a home to determine if an illegal operation is occurring based on the current laws. Additionally, this area is new to our Planning Department, and while it may look like we have moved slowly, we are committed to stopping these types of activities in our neighborhoods. The marijuana industry is so profitable that someone can destroy a house in one year, ignore the fines and court costs and still make a tremendous profit. This creates a huge problem in neighborhoods. A house ends up destroyed and becomes filled with black mold due to the grow operation, and the illicit activity also brings crime to the area. This very profitable product is a lure to others to steal the product, which brings criminals to the neighborhood. We are trying to get rid of the ones we have and make it unattractive for others to start one up. This activity represents an immoral danger to our citizens, and it will not be tolerated in Tukwila. Councilmember Ekberg said if we went through our normal Code Enforcement process, we would spend weeks notifying individuals of their violation; then wait a couple of weeks to hear back; and then we would proceed to the next step that could take 3 months. Use of the injunction method is anticipated to accommodate an improved situation in less than a month and eventually get them closed down for good. MOVED BY EKBERG, SECONDED BY DUFFIE TO AUTHORIZE THE MAYOR TO INSTITUTE AND CARRY OUT LEGAL PROCEEDINGS AGAINST TWO PROPERTIES (ZAKARIA HAZRAT AND YONG XIE) TO ENFORCE THE CITY'S MEDICAL CANNABIS MORATORIUM.* Councilmember Quinn wants to see Tukwila's legal representatives work with the legal representatives from area cities that have the same issues to ensure the strongest possible regional conditions to prevent these kinds of activities. It is imperative to align strategies, best practices and injunctions to insulate us from those who are looking to come to our City and cause neighborhood degradation. Councilmember Seal concurred with Councilmember Quinn's suggestion and relayed that the School District works with other districts to explore options for common problems. She emphasized that this Tukwila City Council Regular Meeting Minutes April 20, 2015 Page 7 of 9 issue involves collective gardens and is not about those who have prescriptions for the legal use of medical marijuana. Council President Kruller inquired regarding the financial impacts and whether the $3,000 - $10,000 amount would be for both injunctions or just one. Ann Marie Soto, Assistant City Attorney, said it is likely it would be $3,000 - $10,000 for each one. Council President Kruller fully supports these injunctions and hopes we will push for stronger legislation at the state and county levels. Additionally, she would like to see the City push to recover its costs from the violators. Councilmember Duffie fully supports this effort. Tukwila is not the place to bring this kind of activity. Sharon Mann, 4452 South 160th, is supportive of this effort. She would also like to see the City become more familiar with how Kent is handling this issue. They have acted swiftly against perpetrators, and the lawsuits have gone before the Supreme Court and Kent has remained successful. In Kent, collective gardening is banned, and she would like to see an ordinance adopted in Tukwila that also bans collective gardening. In her viewpoint, there are 7 properties in the City that are questionable, and to continue with injunctions for each one, at the possible cost of $70,000, is not reasonable. She is appreciative of the efforts being made by the City Council regarding this serious issue. *MOTION CARRIED 7 -0. b. A resolution in support of King County Proposition No. 1 regarding the Puget Sound Emergency Radio Network ( PSERN). Title: King County Proposition No. 1. Regular Property Tax Levy for Emergency Public Safety Radio Network Replacement Project. Kathy Hougardy, Chair of the Finance and Safety Committee, provided information regarding this issue. The April 28, 2015 Special Election ballot includes a proposition to lift the lid of the existing property tax levy to generate funding to replace King County's current emergency radio network, which is facing obsolescence. The existing King County public safety voice radio system is nearly twenty years old and will no longer be supported by its vendor after December 31, 2018. King County, the City of Seattle, Eastside Public Safety Communications Agency cities, and Valley Communications Center cities have entered into an interlocal agreement to work through implementation of a replacement system to be known as Puget Sound Emergency Radio Network ( PSERN). The PSERN will replace aging components and establish new technology to support emergency dispatch and incident scene communications. On Monday, March 2, 2015, the Metropolitan King County Council passed Ordinance 17993, placing on the April 28, 2015 special election ballot a nine -year property tax levy lid lift proposal to fund the PSERN project. Based on 2015 home values, the cost to the median homeowner would be $26.46 per year. The proposed resolution expresses support for the passage of the levy and encourages registered voters in Tukwila to vote to approve it. Per the requirements of RCW 42.17A.555 regarding ballot measures, public comments will be accepted at the Council Committee and full Council meetings where this topic is discussed. MOVED BY HOUGARDY, SECONDED BY SEAL THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Christy O'Flaherty, City Clerk, read the proposed resolution by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, EXPRESSING SUPPORT FOR KING COUNTY PROPOSITION NO. 1, REGULAR PROPERTY TAX LEVY FOR EMERGENCY PUBLIC SAFETY RADIO NETWORK REPLACEMENT PROJECT. Tukwila City Council Regular Meeting Minutes April 20, 2015 Page 8 of 9 Mayor Haggerton called for public comments on this issue. No public comments were received. MOVED BY HOUGARDY, SECONDED BY ROBERTSON THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ.* Councilmember Robertson said this is absolutely necessary, and he hopes people vote for it. Council President Kruller relayed that we learned a great deal from Hurricane Katrina regarding the unfortunate consequences of poor interoperability. Councilmember Seal referenced recent news reports of emergency situations where officers inside a building were unable to communicate to the outside. *MOTION CARRIED 7 -0, TO ADOPT RESOLUTION NUMBER 1858. REPORTS a. Mayor Mayor Haggerton reported that BNSF has purchased a parcel in the Allentown neighborhood. The property does not have a home on it and is a vacant parcel. He has been told the property will be used as a buffer. Additionally, the Mayor attended the DARE graduation on April 17, 2015. Fifth graders from all 3 of the elementary schools had a rousing graduation ceremony. On April 16, 2015, he attended the ice cream social at the Tukwila Community Center to honor the volunteers in the City. b. City Council Councilmember Duffie inquired about an entry in the City Administrator Report regarding business outreach at UPS. David Cline, City Administrator, said the Mayor has been diligent in meeting with a business each month. Mayor Haggerton responded that the outreach to businesses has proven to be a good catalyst to communication. Councilmember Duffie also inquired about the affordable housing entry in the City Administrator (CA) Report. Mr. Cline said he would confer with staff, and the next CA report would provide an update to that issue. Councilmember Robertson said he would like to see an update on Tukwila Village. Mayor Haggerton said a presentation would be provided to the full Council at the May 4, 2015 Regular Meeting. Council President Kruller attended the April 17, 2015 DARE graduation event. She relayed that Councilmembers Duffie and Ekberg were in attendance as well. She also attended a Tukwila School District Bond Committee meeting that was very interesting. As a member of this committee, there may be occasions when she needs an alternate, as it conflicts with the TPMPD (Tukwila Pool Metropolitan Park District) meetings. Additionally, she attended the recent TIBAC (Tukwila International Boulevard Action Committee) meeting. A guest at the meeting was Val Ritchey from the King County Prosecuting Attorney's Office. The focus of the meeting was on the demand side of human trafficking. Ms. Kruller would like to bring a resolution regarding this effort through the standard process, starting with the Finance and Safety Committee. She hopes the City will take additional action, similar to Federal Way, where certain areas of the City have signage regarding this issue. She referenced a letter from Zack Hudgins regarding support for the Justice Reinvestment Act (HB 1885 and SB 5755). She hopes administration can provide information regarding lending support. Mayor Haggerton asked if there was support from the Council to pursue this; Council consensus existed to move forward. Tukwila City Council Regular Meeting Minutes April 20, 2015 Page 9 of 9 Councilmember Ekberg attended the April Pool's Day event at the Tukwila Pool, which was very well attended. He complimented Councilmember Robertson for speaking at the Duwamish Alive event this past Saturday. As part of his speech, he encouraged citizens to come before the Council to speak and make a difference regarding environmental issues. Councilmember Hougardy attended the recent Regional Transit Committee meeting, which focused on the Metro Long Range Public Transportation Plan. She noted there is not a one - size - fits -all solution for the county. Input will continue to be provided prior to the plan being completed this summer. c. Staff David Cline, City Administrator, referenced the City Administrator (CA) Report and 2015 1St Quarter Report and offered to answer any questions. d. City Attorney There was no report. e. Intergovernmental There was no report. MISCELLANEOUS Council President Kruller said there will be a Joint City Council / Planning Commission meeting on April 27, 2015 at 5:30 p.m. in the Rainier Room at 6300 Southcenter Blvd., to discuss the Residential Neighborhoods /Housing Element of the Comprehensive Plan. The public is invited to attend. Councilmember Robertson asked if Mr. Holstine, who spoke under Citizen Comments this evening, has been informed of the April 27 meeting. Council President Kruller replied that the Council Analyst spoke with him this evening about the upcoming meeting. ADJOURNMENT 9:09 p.m. MOVED BY DUFFIE, SECONDED BY ROBERTSON THAT THE TUKWILA CITY COUNCIL MEETING BE ADJOURNED. MOTION CARRIED 7 -0. APPROVED BY THE CITY COUNCIL: 5/4115 AVAILABLE ON CITY WEBSITE: 5/5/15