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HomeMy WebLinkAbout2018-11-26 Committee of the Whole MinutesTukwila City Council Committee of the Whole Meeting City Hall Council Chambers November 26, 2018 — 7:00 P.M. MINUTES COMMITTEE OF THE WHOLE CALL TO ORDER/PLEDGE OF ALLEGIANCE Council President Seal called the Tukwila City Council meeting to order at 7:00 p.m. and led the audience in the Pledge of Allegiance. OFFICIALS Present were Council President Seal; Councilmembers Dennis Robertson, Kathy Hougardy, De'Sean Quinn, Kate Kruller, Thomas McLeod, Zak Idan. CITY OFFICIALS Allan Ekberg, Mayor; David Cline, City Administrator; Rachel Bianchi, Deputy City Administrator; Peggy McCarthy, Finance Director; Vicky Carlsen, Deputy Finance Director; Eric Dreyer, Deputy Police Chief; Hari Ponnekanti, Deputy Public Works Director/City Engineer; Cyndy Knighton, Senior Program Manager; Jack Pace, Community Development Director; Moira Bradshaw, Senior Planner; Gail Labanara, Public Works Analyst; Jay Wittwer, Fire Chief; Robert Eaton, Parks and Recreation Manager; Joel Bush, Senior Technology Integration Manager; Laurel Humphrey, Council Analyst; Andy Youn, Deputy City Clerk. PUBLIC COMMENTS Joe Duffie, 5332 South 140th Street, relayed the Pancake Chef property is for sale and said it would be nice if the City would look into the site as many Tukwila residents frequent the restaurant. He suggested relocating the Pancake Chef to Tukwila International Boulevard. Councilmember Kruller shared the proprietor of the Pancake Chef has expressed interest in relocating to Tukwila and has engaged with Derek Speck, Economic Development Administrator. Mahed Ahmed, 14101 Tukwila International Boulevard, thanked the Transportation and Infrastructure Committee and the Mayor for their work on the crosswalk near the Abu Bakr Islamic Center. He hopes the pedestrian safety improvements will be installed before Ramadan. Dennis Martinez, 4660 South 1601h Street, forwarded concerns from residents who have asked him when permanent road restoration will be completed for the Andover Park East water main break. He asked when the City will fix the road. He also relayed there is a blind spot caused by a wooden fence on an intersection along 42nd Avenue. He asked whether something can be done about the blind spot as it is dangerous for drivers. PUBLIC HEARING An ordinance renewing a moratorium within the Tukwila International Boulevard study area. 7:07 p.m. Council President Seal opened the public hearing and asked for a staff report. Moira Bradshaw, Senior Planner, said the proposed ordinance has been reviewed by the Community Development and Neighborhoods Committee and clarifying language has been added concerning the renewal of business licenses. Ms. Bradshaw noted the updated Work Program is available on page 13 of the agenda packet and shows a history of activity in the last quarter of 2018 and next steps in 2019. Tukwila City Council Committee of the Whole Minutes November 26, 2018 Page 2 of 9 Council President Seal called for public comments. There were no public comments. Councilmember Idan asked why the study area extends beyond the immediate range of Tukwila International Boulevard (TIB) when the bulk of the work will be occurring on TIB. Ms. Bradshaw replied the boundaries for the study area encompass the Regional Commercial and Neighborhood Commercial Center zoning districts that are associated with TIB. These areas include more than the properties that front on TIB. 7:11 p.m. Council President Seal closed the public hearing. SPECIAL ISSUES a. An ordinance renewing a moratorium within the Tukwila International Boulevard study area. Councilmember Kruller indicated this item was discussed at the Community Development and Neighborhoods Committee meeting on November 14, 2018. The committee members were unanimous in recommending approval. Ms. Kruller stated renewal of the moratorium for another six months allows for maintenance of the land use status quo until staff completes their review and adoption of the zoning code changes. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. b. Consensus on proposed federal public charge rule. Councilmember Kruller indicated this item was discussed at the Community Development and Neighborhoods Committee meeting on November 14, 2018. The committee members unanimously forwarded this item for Council discussion. She shared that December 10, 2018 is the deadline for public comment. The federal government is proposing a new immigration rule titled "Inadmissibility on Public Charge Grounds." This rule seeks to strengthen existing language to ensure that immigrants to the United States will be self-sufficient and will not be dependent on public benefits such as health care, nutrition, or housing programs. The purpose of this agenda item is to discuss whether or not to submit formal comments. Staff will provide draft comments. If enacted, this rule would negatively impact immigrant families in Tukwila and the region. While refugees and other special cases would be exempt from this rule, immigrants applying for entry to the United States, and non-immigrant visitors seeking to extend their stay or change their status to immigrant, would be evaluated as to whether or not they would have to rely on public benefits in order to be successful in this country. If yes, they would be denied admission or denied extension. Council President Seal supports conveying opposition to this rule. She works in immigration law, and many organizations stand against the proposed immigration rule. Whenever there is a proposed regulation change, public comment is solicited by the government. Ms. Seal said this will negatively impact many residents, both locally and nationally. She commended staff for bringing this forward. COUNCIL CONSENSUS EXISTED TO HAVE STAFF SUBMIT FORMAL COMMENTS IN OPPOSITION TO THE PROPOSED RULE ON BEHALF OF THE CITY. c. A resolution adopting a Neighborhood Traffic Calming Program. Councilmember McLeod indicated this item was discussed at the Transportation and Infrastructure Committee meeting on November 13, 2018. The committee members were unanimous in recommending approval with amendments. He expressed the Committee's goal was to address traffic control issues through a fair, equitable, and objective policy. Tukwila City Council Committee of the Whole Minutes November 26, 2018 Page 3 of 9 Hari Ponnekanti, Public Works Deputy Director/City Engineer, explained staff is presenting an updated Neighborhood Traffic Calming Program (NTCP) with the intent of creating consistency and equity of services across the City. The program has a proposed budget of $400,000. Through the updated program, Public Works staff will intake requests for traffic calming assistance and determine whether the area qualifies for treatment using set criteria. Solutions are categorized as Level I or Level II improvements. Level I improvements can be addressed by staff; cases will be categorized as Level II if there is a public safety concern. Cases will be assessed by speeding, volume, and number of accidents, then placed on a list ranked by priority. If a project warrants Level II improvements, staff will reach out to affected community members to request votes indicating support of the NTCP plan. The implementation plan must receive a certain return rate of votes for approval. It will then require approval by the Council. Cyndy Knighton, Senior Program Manager, stated the NTCP has been in existence since 2005, when it was approved by the Transportation Committee, but did not have dedicated funding then. Staff desired a programmatic approach to identifying and prioritizing issues. Level I improvements are passive but are effective traffic control treatments that can be implemented quickly and inexpensively. These include solutions such as paint, clearing of vegetation to improve sight distance, and installing radar feedback signs. Cases that cannot be addressed with a Level I improvement will qualify for Level II improvements, which are physical devices that are often permanently installed. Level II improvements include speed cushions, traffic circles, and chicanes to calm traffic. Level II improvements are costlier and require detailed evaluations. Ms. Knighton cautioned Level II improvements are not appropriate in every location as streets need to remain accessible by Police, Fire, mail services, and garbage trucks. The NTCP is designed for local residential streets and collector arterials only. It does not apply to commercial areas such as Southcenter. Mr. Ponnekanti added this is a reactive program for traffic calming complaints. The City also has several other proactive programs that are capital improvement projects, such as Safe Routes to School and Walk and Roll. The Councilmembers exchanged comments and were provided answers to clarifying questions as follows: • What are Level I improvements? Radar Speed Feedback Signs can slow traffic and falls under driver education. Striping and defining the center of residential streets can visually narrow a road, which helps focus drivers and slow them down as they may feel there is less space to maneuver. Pavement markings and application of lateral stripes can also alert drivers to slow down. Physical treatments can also be installed. The NTCP is a living document and does not necessarily lock these solutions in. The list of Level I improvements are only possible treatments. • How is staff addressing the need for more Radar Speed Feedback Signs? Staff intend to purchase more signs that will be available for permanent mount rather than continuing to rotate the current supply. • If a complaint comes in that is clearly a public safety issue, does it still need to go through the NTCP process? Staff replied that public safety problems, once identified, will be addressed directly by Public Works. • How much are Radar Speed Feedback Signs? Staff indicated these signs cost approximately $3,500 and can also come with an annual $500 maintenance fee if the City chooses to collect speed data. • Support existed to have "touch backs" to the Transportation and Infrastructure Committee and Council every 6 months. • Support existed to remove the sentence requiring property owners to pay for the cost of removal of traffic calming devices. Councilmember Robertson expressed concern about the feasibility of collecting payment. • Discussion ensued concerning the neighborhood voting process and requiring payment for the removal of the traffic calming device. Councilmember Kruller spoke against these items and said they feel overly bureaucratic. Councilmembers Robertson and Idan expressed concern regarding the definition of 'neighborhood' that may impact voting processes. Council President Seal spoke in favor of a neighborhood mechanism that may bring neighbors together. Councilmember Quinn Tukwila City Council Committee of the Whole Minutes November 26, 2018 Page 4 of 9 said neighborhood votes are considered a best practice that has been implemented in multiple jurisdictions. • While the proposed NTCP is not perfect, it is a starting point. Returning this item to Committee will further delay this issue. Support existed to forward this item with amendments as discussed and continue refining the NTCP through the 2019 Transportation and Infrastructure Committee. Ms. Knighton confirmed she will bring forward an amended NTCP to the next Council meeting, focusing on removing the section concerning payment by property owners and incorporating a "touch back" every six months to the Transportation and Infrastructure Committee and Council. The 2019 Transportation and Infrastructure Committee will further refine the NTCP. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING, WITH AMENDMENTS TO THE NTCP AS DISCUSSED ABOVE. d. An ordinance amending the code of ethics for elected officials. Council President Seal indicated she approved this item to come directly to this Committee of the Whole for discussion. Laurel Humphrey, Council Analyst, explained the proposed ordinance amends the Ethics Code for Elected Officials to simplify the complaint process. Tukwila Municipal Code (TMC) Chapter 2.97 was established in 2014 to set forth a process for handling ethics complaints against elected officials in a manner different than that used for City employees and appointed officials. The current complaint process requires that the Board of Ethics convene immediately after a complaint is filed with the City to make a determination of sufficiency or insufficiency. This determination is to whether the facts alleged in the complaint, even if true, would or would not violate the code of ethics. The proposed ordinance changes the process so that when a complaint is received, the City would hire an independent individual who has municipal hearing examiner experience or who is a licensed attorney to make the determination of sufficiency or insufficiency. All other steps in the process remain the same. If a determination of insufficiency is made, it is final and binding. If a determination of sufficiency is made, an individual will be designated by the City Attorney to investigate the complaint, then the Board of Ethics will convene to determine whether a violation has occurred. No changes are being proposed to what is considered prohibited conduct. The ordinance proposes a few other housekeeping items: 1. The City Clerk is added to the list of people who can receive complaints. 2. "Frivolous" has been added so that it reads, "No person shall knowingly file a frivolous or false complaint." 3. "No complaints will be accepted which relate to actions taking place more than five years prior." Ms. Humphrey relayed she has worked with the City Attorney on this proposal and believes this will streamline the process. Councilmember Robertson proposed adding language to the ordinance to require that the Ethics Officer submit their written report of their determination of sufficiency to the Council and Mayor. Following a request for clarification, Ms. Humphrey explained that historically, convening the Board of Ethics and obtaining a written report within 10 days has proven difficult. At the suggestion of the City Attorney, the proposed ordinance provides 20 days for the Ethics Officer to submit a written report of their determination of sufficiency. She also stated that while language was added to deter "frivolous" complaints, the proposed ordinance does not set a penalty. She further clarified that under the proposed ordinance, the process has three major steps: 1. The Ethics Officer, an independent individual with experience as a hearing examiner or as an attorney, will review ethics complaints for an initial determination of sufficiency. 2. If the Ethics Officer determines the complaint is sufficient, the complaint will be investigated by an independent investigator. Tukwila City Council Committee of the Whole Minutes November 26, 2018 Page 5 of 9 3. Following the investigation, the Board of Ethics will convene and review the complaint, findings, and conclusions to make its final determination. Councilmember Kruller noted all records under this process are public information at some point and observed that allegations may sometimes be groundless. She asked when the Council should be notified during this process. Ms. Humphrey indicated she will obtain clarification from the City Attorney. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. e. An ordinance amending the 2017-2018 biennial budget. Councilmember Quinn indicated this item was discussed at the Finance Committee meeting on November 20, 2018. The Committee forwarded this item with unanimous approval. Vicky Carlsen, Deputy Finance Director, explained this item is an ordinance that amends the 2017-2018 budget. The proposed budget amendments are administrative in nature and provide transparency. The amendments are categorized into the following four groups: 1. Existing Service Levels and Plans: Adjust budget to reflect changes needed to maintain existing service levels and plans, including departmental under- and over- expenditures. • Operating transfer from Department 20 to Fire. • Facilities maintenance tech position transferred from Recreation to Parks. • Amendments in this category have no effect on the ending fund balance as they will be covered by reductions in Police. 2. Revenue Backed: Increase both expenditure and revenue budget for new programs or services that have a dedicated funding source. • Fire personnel were deployed to assist with hurricane relief efforts. The City anticipates $40,000 in reimbursements for overtime costs incurred. • Several grants were received by Recreation. • Amendments in this category have no effect on the ending fund balance. 3. Initiatives/Carry Forward: Budget for new programs, enhanced service levels or system improvements. • An automated timekeeping/staffing solution for Fire was anticipated to be paid out of the 2017 expenditure budget. However, the City did not begin work on this project until this year. 4. Public Safety Plan: Amendments specific to the Public Safety Plan. • The City Attorney will exceed budget by $250,000 due to legal costs associated with acquiring property for the Justice Center, Public Works shop, and fire stations. Additionally, there are several budget amendments proposed that are specific to the Public Safety Plan to true up budget to the D-20 plan, as well as budget amendments for other funds. Overall, the proposed budget amendments align the budget with year-end expectations and do not draw down the General Fund. It is expected that departmental expenditures will remain within budget. The amended budget reflects a sound financial position. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. f. 2018 3rd Quarter financial report. Councilmember Quinn indicated this item was discussed at the Finance Committee meeting on November 20, 2018. The Committee forwarded this item to the Committee of the Whole. Peggy McCarthy, Finance Director, utilized a PowerPoint to provide an overview of this item as follows: Tukwila City Council Committee of the Whole Minutes November 26, 2018 Page 6 of 9 This financial report covers financial activity year-to-date through September 30, 2018 and builds on information provided in August for the 2nd Quarter. The focus is on the General Fund. General Fund: The General Fund is on track to end the year with revenues covering expenditures, hence, no draw down of fund balance. Revenue of $44.3 million almost met budget but was $162K less than budget. Expenditures of $45.5 million included transfers to other funds. Departmental expenditures came in $1.3 million less than budget, representing a 2.3% underspend. The expectation is the 3% underspend goal will be met by year-end. There is a year -over -year (YOY) increase of $2.2 million. Revenues: • Retail sales tax is reported on line 2 of the report and is reported on a cash basis, based on when the City receives the revenue rather than the month it is collected by taxpayers. Retail sales tax was $358K less than budget but $962K more than the prior year. Actual collections through September exceed budget by $144K and are $1.4M more YOY. Sales tax for the year is now expected to come within $300K of budget. 2019 projections have been increased by $650K. Ms. McCarthy noted sales tax collection is potentially volatile and noted the 2015 YOY increase of $2.3M was followed by a plateau/decline of $400K in 2016 and $100K in 2017. • Admissions tax has performed well due mainly to a new establishment in the City that is generating admissions tax revenue. • Security revenue declined from prior years and is $164K less than budget. Most of the revenue comes from fees charged for Police patrols at the Westfield Southcenter Mall. When the fee for service was increased in 2017, the service level was reduced to two patrols per week from seven patrols per week. • Plan check and review fees are almost $300K or 14% more than budgeted and reflect the active development climate in the City. • Building permit revenue is strong, reflecting the active development climate. The value of permits year-to-date through September was $24 million more than last year. • Recreation fees are $146K less than expected or down 19%. Most of this decline is from facilities rental income as the Community Center rooms are being used more for youth programs than before, thus reducing the availability of rooms for rent to the public. • "Transfers in" has a budget of $6 million and represents a variety of anticipated land sales. Presently, it is expected these sales will not be realized in 2018 but will occur in 2019 and later years. Expenditures: • Budgetary savings declined by $700K from the 2nd Quarter results due to the following events: o Leasehold tax audit: An audit of the City's property leases resulted in a $90K tax assessment. The State characterized the $6 million improvements made several years ago by Starfire on City -owned Fort Dent property as "consideration" and thus taxable. This concept was applied to another agreement as well. o Land use/zoning settlement: A dispute concerning the City's zoning and land use regulations resulted in a $350K settlement. $300K was paid in September and $50K is payable in 2019. The City's insurance authority, WCIA, contributed $40K towards this settlement cost. o Retroactive salary payments: Two collective bargaining agreements were settled in the 3rd Quarter and $362K was paid out in retroactive pay. • Among departments, the Parks and Recreation Department had the highest under -expenditure by percentage at 7% and the Police Department had the highest under -expenditure by amount at just over $1 million. Hiring and retention continue to challenge the Police Department due to the high demand in the region. Four departments were over budget through September with the City Attorney's Office experiencing the most significant overage at almost $250K due to services provided in negotiating land purchase agreements for the Public Safety Plan. Technology and Innovation Services is also over budget primarily due to timing of the prior year expenditures and the effect of this spending pattern on the allocated budget calculation. Budget amendments are proposed for those departments over budget. • Of the $9.5 million budgeted annual transfers out to other funds, $5.25 million is not expected to be transferred. The $2.25 million budgeted transfer to pay off the urban renewal debt will not take Tukwila City Council Committee of the Whole Minutes November 26, 2018 Page 7 of 9 place in 2018 because the debt was refinanced in 2017. The $3 million budgeted transfer to the Arterial Street Fund does not appear to be needed as funding within the fund appears sufficient to cover costs through the end of the year. Other Funds • $20 million of Limited Tax General Obligation (LTGO) bonds were issued July 31, 2018 for the Public Safety Plan (PSP) Public Works Shop. Some proceeds were used to reimburse the General Fund and Utility Funds for their February contributions to the PSP Public Works Shop property acquisition costs. • Golf Course realized $200K increase in fund balance with $200K increase in revenue and $140K increase in greens fees. Expenditures held to 2017 levels. • Capital Project Completion: o Major maintenance on the three bridges — Frank Zepp, Beacon Avenue South, and Grady Way o Pedestrian Bridge o South 144th Phase II • Real Estate Excise Tax (REET) dedicated to PSP is projected to meet the $500K budget; fire impact fees, previously projected to fall short of the $400K budget by $100K, is now expected to exceed budget. Outlook for 2018 • Revenue is expected to cover expenditures; hence, no draw down of the General Fund. • The 3% under -expenditure goal for departmental expenditures is expected to be met, yielding a $1.7 million budgetary savings. g. Discussion on proposed 2019-2020 biennial budget and 2019-2024 Capital Improvement Program. Ms. Carlsen distributed handouts to the Council containing the Council's amendments to the Mayor's proposed budget and indicated these amendments would be covered by Ms. Humphrey. The Councilmembers continued review of the 2019-2020 biennial budget for the following: o Lodging Tax (101 Fund) o Drug Seizure Fund o Department 20 (Transfers Out) and Debt Service o Residential and Arterial Streets o Urban Renewal and General Government Improvement Fund o Public Safety Plan and City Facilities Funds o Water, Sewer and Surface Water Enterprise Funds o Firemen's Pension Fund Each of these departmental budgets were previously discussed at a Council Committee meeting and a Committee of the Whole meeting. Additional budget review and discussion occurred at the October 24, 2018 Budget Work Session. Councilmember Robertson suggested amending the proposed 2019-2020 biennial budget to increase the budget for the Annual Overlay and Repair Program from $1.4 million to $1.7 million over the next 6 years. David Cline, City Administrator, offered that the City will be evaluating the condition of every street in the City in 2019 through the Pavement Management System. The results of this review may better inform the Council. He noted the Council can amend the budget at any time during the year. Council support existed to wait to adjust the Capital Improvement Program until data becomes available from the Pavement Management System review. Ms. Humphrey stated the Council has recently given direction regarding potential changes that can be worked in as Council amendments to the Mayor's proposed budget: Tukwila City Council Committee of the Whole Minutes November 26, 2018 Page 8 of 9 1. Crosswalk on Tukwila International Boulevard near Abu Bakr Islamic Center: The Transportation and Infrastructure Committee revisited this topic at its November 26, 2018 meeting after learning the City did not receive grant funding for this project. The Committee is recommending this project for inclusion in the 2019-2020 proposed budget as an additional capitai project, in the amount of $350K. 2. Improvements to Cascade View Park: Adding swings is currently estimated to cost $30K and could be added as an amendment to the Capital Improvement Program. Future siting of a dog park was mentioned, with no action planned in the next biennium. 3. Completing the Center for New Urbanism recommendations for Tukwila International Boulevard (TIB): In response to feedback from the community at the September budget work session, the Council directed Administration to make progress on code changes in alignment with the vision for the TIB neighborhood according to the recommendations from the Center for New Urbanism. Per page 13 of the agenda packet, analysis of the rechannelization to TIB is taking place. The study will be conducted by Fehr & Peers and is estimated to cost $100K. 4. Enhancements to Senior Programming: Tukwila has been awarded $77,500 in funding from the King County Veteran, Senior and Human Services levy to develop an Older Adult Recreation and Services Needs Assessment and perform minor capital improvements at the Community Center. Next year the City Council will remain engaged with the status of the contract and the needs assessment, making recommendations for implementation in accordance with the senior community's needs. 5. Safety improvements in school zones — traffic camera pilot: The City Council has been considering a traffic camera pilot and discussing various locations, including adding cameras in school zones. Any additional cameras are expected to be self-sustaining due to ticket revenue. Further discussion on pilot program locations is scheduled on December 3 in the Public Safety Committee. Ms. Humphrey stated any changes to the Mayor's budget proposed on October 1, 2018 will come in the form of a formal amendment by the Council. Following discussion by the Council, support existed to remove amendment 5, "safety improvements in school zones," from the list of amendments to be forwarded to the next Regular meeting and return that topic to Committee instead. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. REPORTS a. Mayor There was no report. b. City Council Councilmember Kruller relayed the Bed for Kids program received a donation of 2 extra beds on November 23, 2018. In the future, she would like to know who is on the donation list so she can deliver the donations directly to the recipients. She commended the University of Washington's Huskies on their recent Apple Cup win. Councilmember McLeod shared that the 53rd Avenue South project will likely be completed in April of 2019, although staff have indicated it may be done earlier. Council President Seal reported that the Board of Directors of Kona Kai Coffee at Tukwila Village has named Mauricio Ayon as the interim Executive Director to lead Kona Kai's program development plan as well as execute its long-term strategic mission. Mauricio has previously served on many nonprofit boards. Kona Kai Coffee will continue to work to educate and train unemployed individuals and youth in food preparation, barista skills and food service, with a focus on those who are homeless or at -risk of homelessness. Tukwila City Council Committee of the Whole Minutes November 26, 2018 Page 9 of 9 c. Staff There was no report. d. Council Analyst There was no report. ADJOURNMENT 10:36 p.m. COUNCIL PRESIDENT SEAL DECLARED THE COMMITTEE OF THE WHOLE MEETING ADJOURNED. Verna Seal, Council Presiders Andy Youn, Deputy City Clerk APPROVED BY THE COUNCIL PRESIDENT: 12/10/18 AVAILABLE ON THE CITY WEBSITE: 12/11/18