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HomeMy WebLinkAbout2011-11-28 Committee of the Whole MinutesTukwila City Council Committee of the Whole Meeting City Hall Council Chambers November 28, 2011 5:00 P.M. MINUTES COMMITTEE OF THE WHOLE MEETING CALL TO ORDER /PLEDGE OF ALLEGIANCE Council President Ekberg called the Tukwila City Council meeting to order at 5:04 p.m. and led the audience in the Pledge of Allegiance. OFFICIALS Present were Allan Ekberg, Council President, Councilmembers Joe Duffie, Joan Hernandez, Dennis Robertson, Verna Seal, Kathy Hougardy, De'Sean Quinn. CITY OFFICIALS David Cline, City Administrator; Shelley Kerslake, City Attorney; Peggy McCarthy, Interim Finance Director; Bob Giberson, Public Works Director; Gail Labanara, Public Works Analyst; Robin Tischmak, City Engineer; Rick Still, Parks and Recreation Director; Jack Pace, Community Development Director; Derek Speck, Economic Development Administrator; Mary Miotke, Information Technology Director; Kimberly Matej, Council Analyst; Melissa Hart, Deputy City Clerk. CITIZEN COMMENTS Maria Hudson, 17142 NE 51h Street, Bellevue, stated she has recently filed a complaint against Tukwila Police Officers. She explained her special needs son was arrested by Tukwila Police, and it is her opinion the arrest was unlawful and he was subject to police brutality. She stated she is an advocate for her son, and she feels the department did not conduct a thorough investigation into her complaint. She stated there have been other situations that have occurred with her son in other municipalities, and in Bellevue, the officers collected the necessary video evidence and they won the case. She feels the City needs to review how the officers interact with the public because all visitors should feel safe in the City. David Cline, City Administrator, thanked Ms. Hudson for the information, and he will work with the Police Chief to review the information and get back to her about the investigation of the complaints. Beatrice Clark, 2828 NE 3rd Street, Renton, stated she is concerned with treatment she received while visiting the King County Library System (KCLS) in Renton. She feels the staff of KCLS is not trained to work in the public sector. Ms. Clark explained she filed complaints with the King County Library Board of Trustees, and she provided copies of her complaints. She commented that other cities should be aware of the issues within the King County Library System. PUBLIC HEARING Budget and Capital Improvement Program: (1) An ordinance amending the 2011 -2012 Budget. (2) A resolution adopting the 2012 -2017 Financial Planning Model and Capital Improvement Program. 5:17 p.m. Council President Ekberg opened the public hearing and called for public comments. Peggy McCarthy, Interim Finance Director, explained the mid biennial budget review and modification is undertaken pursuant to RCW 35A.34.130 and Tukwila Municipal Code 3.30.020. The proposed 2012- 2017 Financial Planning Model and Capital Improvement Program were reviewed at the October 25, 2011 and November 21, 2011 budget work sessions. Tukwila City Council Committee of the Whole Minutes November 28, 2011 Page 2 of 8 There were no public hearing comments. 5:19 P.M. Council President Ekberg closed the public hearing. SPECIAL ISSUES Budget and Capital Improvement Program: (1) An ordinance amending the 2011 -2012 Budget. Peggy McCarthy, Interim Finance Director, explained the mid biennium budget adjustment is to reflect and add appropriations to funds at risk of exceeding budget in order to remain in compliance with state law. The amendment also relocates budget authority among General Fund departments to prevent budget situations, as consistent with past City practices. Ms. McCarthy conducted a detailed review of the proposed 2011 -2012 md- biennium budget amendment by fund. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. (2) A resolution adopting the 2012 -2017 Financial Planning Model and Capital Improvement Program. Ms. McCarthy explained that Attachment A on page 23 of the agenda packet was discussed at the November 21, 2011 Budget Workshop, and a detailed list of proposed changes to Attachment A are listed on page 21 of the agenda packet. Ms. McCarthy conducted a detailed review of the proposed changes to Attachment A for 2012 -2017. Councilmember Robertson asked if the $345,000 in additional funding for the 3 new police officers was carried throughout 2012 -2017 as listed on Attachment A. Ms. McCarthy stated she would make that change before the next Regular Meeting. David Cline, City Administrator, clarified the actual increase to be included in the revised Attachment A for the 3 new police officers will be approximately $200,000. With the construction and operation of the new SCORE jail facility, the City will achieve an annual cost savings of $125,000 for jail services to be used to partially fund the 3 new positions. Additionally, he explained staff has been utilizing a City inflator for the unfunded portion of the Public Employee Retirement System (PERS) liability balance as shown on Attachment A. He asked if the Council would approve staff to use the State actuary rates or retain the previously established unfunded PERS balance. After Council discussion there was consensus to have staff amend Attachment A using the State actuary figures relating to the unfunded portion of the PERS liability balance. Mr. Cline stated staff will clearly outline the assumptions relating to the actuary rates being proposed to the Washington State Legislature. Ms. McCarthy explained she was tasked with researching 6 specific items for the .Council at the November 21, 2011 budget work session. She reviewed and reported her findings on the following: Attachment A: Property Tax Cap. Explanation of the difference in the Revenue Generating Regulatory License (RGRL) projections from 2011 -2016 Attachment A to the current 2012 -2017 Attachment A. Change in charges /fees for service in the current Attachment A as compared to the 2011 version. Ms. McCarthy stated she is currently working on gathering information on the City's property tax cap, and she will provide the Council that information at a later date. Additionally, she updated the Council on the current valuation assessment for the City. For the 2011 tax period, the City realized a 3% decrease in the valuation, and for the 2012 tax period the City has a 1.18% decline in valuation. The RGRL projections have been corrected based on actual figures for 2011, and it was determined the previous versions of Attachment A included proceeds from the sale of the old Fire Station 53 site and other surplus property that has not been sold. Tukwila City Council Committee of the Whole Minutes November 28, 2011 Page 3 of 8 Attachment B: The difference in changes for the Police and Fire Departments in comparison to the previous year. Based on her review of the budget model Ms. McCarthy clarified, it appears the difference between the 2011 and 2012 budgets for the Police and Fire Departments is due to the actual costs, not projections, being used for 2012 budget year. She asked the Parks and Recreation Director to address the 2 issues from the November 21, 2011 budget work session relating to Attachment G (Golf Course). Attachment G: Changes in the Operations and Maintenance costs in the current Attachment G as compared to the 2011 version Changes in the Golf Capital CIP Program in the current Attachment G as compared to the 2011 version Rick Still, Parks and Recreation Director, explained the reduction in Operations and Maintenance costs are a result of reorganizing the maintenance staff and reducing the amount of resale inventory. The golf capital addition is the annual capital request they submit for necessary capital improvements. Council President Ekberg asked Mr. Still to update the Council on the programs to be provided by the Parks and Recreation Department in January 2012. The Councilmembers exchanged comments and asked clarifying questions of staff on the above items. Discussion ensued regarding a possible revision to the City's Financial Planning Model that will be discussed at a future Finance and Safety Committee meeting. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. b. A resolution establishing a new Finance Change Fund. Councilmember Hougardy indicated this item was discussed at the Finance and Safety Committee meeting on November 22, 2011. The committee members were unanimous in recommending approval. Peggy McCarthy, Interim Finance Director, explained establishment of a second $100.00 change fund for the Finance Department is necessary due to the addition of an additional cashiering system. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. c. An ordinance regarding refunding 2003 bonds. Councilmember Hougardy indicated this item was discussed at the Finance and Safety Committee meeting on September 20, 2011. The committee members were unanimous in recommending approval. Peggy McCarthy, Interim Finance Director, explained the City issued general obligation bonds in 2003 to finance Arterial Street Fund 104 capital improvements as well as capital improvements in other funds. The outstanding balance of this bond issue being considered for refunding is $4,633,241. Interest rates have declined that make refunding these bonds financially advantageous to the City at this time. The present savings is estimated to be $202,804 or 4.36 If Council authorizes this refunding and interest rates remain at a level that continues to make the refunding feasible, the bond pricing and sale will occur on December 12, 2011. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. d. An ordinance banning solicitation in certain parts of the City. Councilmember Quinn indicated this item was discussed at the Community Affairs and Parks Committee meeting on November 14, 2011. The committee members were unanimous in recommending approval. Shelley Kerslake, City Attorney, explained the ordinance would address many complaints received by the City regarding soliciting /panhandling within the City. This activity can be dangerous to both citizens and those engaged in the soliciting activity. Ms. Kerslake stated the Mayor's office asked her to draft an ordinance that would give the police an additional tool to use when dealing with panhandlers within the Tukwila City Council Committee of the Whole Minutes November 28, 2011 Page 4 of 8 City. The focus of the ordinance is the Tukwila Urban Center and the area along Tukwila International Boulevard. The identified areas are where there is the most panhandling activity, and where there is the greatest safety concern relating to traffic congestion. Other issues identified relate to panhandling near automatic teller machines (ATM's) and outdoor dining areas. Ms. Kerslake conveyed there are first amendment issues relating to solicitation and the regulation thereof. Solicitation is a protected activity, and it is considered speech. The ordinance before the Council identifies 2 specific areas within the City where solicitation /panhandling is prohibited, in addition to areas surrounding ATM's and outdoor eating space. The ordinance includes one exemption that covers the annual Fill the Boot campaign conducted twice a year by the Tukwila Fire Department and does not address solicitation /panhandling on private property. The Council asked clarifying questions of staff and exchanged comments to include: requesting Tukwila Police Officers provide an informational handout to individuals who receive a warning for soliciting; conducting an outreach campaign to educate the community about panhandling issues; moving forward with the draft ordinance to address the concerns of local businesses relating to panhandling; including a statement in the ordinance acknowledging the state of the economy and homelessness; requesting the Police Chief report on the progress to a Council Committee within 3 months of enacting the ordinance; and requesting the City's Human Services staff provide individuals with information for assistance and the City's ordinance relating to panhandling. Council President Ekberg requested the Police Chief update the Community Affairs and Parks Committee on the status of the ordinance and outreach efforts in 3 months. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. e. An ordinance repealing a portion of Ordinance No. 2323 regarding social card rooms. Councilmember Seal explained the draft ordinance is a result of the advisory vote from the November 8, 2011 General Election. The Council previously discussed repealing Section 2 of Ordinance No. 2323 relating to the sunset provision prohibiting social card rooms after January 1, 2016. Shelley Kerslake, City Attorney, explained the draft ordinance repeals Section 2 of Ordinance No. 2323 relating to the sunset provision and retains the taxing structure associated with social card rooms. 7:04 p.m. Councilmember Hougardy left the Council Chambers. The Councilmembers exchanged comments on the above topic. 7:06 p.m. Councilmember Hougardy returned to the Council Chambers. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. f. Acceptance of State and Federal grants for the Tukwila Urban Center Pedestrian /Bicycle Bridge. Councilmember Hernandez indicated this item was discussed at the Transportation Committee meeting on November 21, 2011. The committee members were unanimous in recommending approval. Bob Giberson, Public Works Director, explained the Council is being asked to accept two grants for the Tukwila Urban Center Pedestrian /Bicycle Bridge project. The first grant is a Federal Congestion Mitigation and Air Quality (CMAQ) grant in the amount of $750,833.00, and the second grant is a Statewide Transportation Enhancement grant in the amount of $500,000.00. There is no match required for the State grant. However; the Federal CMAQ grant requires a 13.5% match or $117,182.00. Park Impact Fees are being collected for the pedestrian bridge, and the expected fees will cover part of the City's match for design. The Councilmembers asked clarifying questions of staff and exchanged comments to include: moving forward with the project to continue with the vision of the urban center; notifying stakeholders earlier in the process; analyzing other placement sites for the proposed bridge that are less impactful; conducting a demand assessment for this type of project; and continuing the project will maximize the transportation options for visitors and businesses within the City. Tukwila City Council Committee of the Whole Minutes November 28, 2011 Page 5 of 8 Councilmember Robertson requested a vicinity map of the area that identifies the hotels and siting of the proposed bridge. David Shumate, 11534 East Marginal Way South, spoke in favor of the pedestrian bridge project. He asked the City to move forward with the project, confirming to stakeholders the City's intent to invest in the urban center. Thomas McLeod, 13017 37 Avenue South, spoke in favor of the pedestrian /bicycle bridge, and he feels the project is an investment in the Tukwila Urban Center. He asked the Council to exercise the financial faith they have utilized in the past and move forward with the project. Councilmember Hernandez referenced an email the Council received from Tukwila resident Chuck Parrish supporting the project. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. g. Supplement No. 9 to the agreement with KPFF for the Tukwila Urban Center Pedestrian /Bicycle Bridge. Councilmember Hernandez indicated this item was discussed at the Transportation Committee meeting on November 21, 2011. The committee members were unanimous in recommending approval. Bob Giberson, Public Works Director, explained supplement No. 9 to the agreement with KPFF will complete the design and environmental permitting for the Tukwila Urban Center Pedestrian /Bicycle Bridge. The agreement also includes the design of a signal crossing at West Valley Highway and the trail to connect users to the Tukwila Longacres Sounder Station. With the two grants totaling $1.2 million, the design of the pedestrian bridge is funded. The Council is being asked to approve Supplement No. 9 to the agreement with KPFF in the amount of $1,367,580.11. The Council asked clarifying questions of staff on the above topic. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. h. A resolution adopting a new Public Works fee schedule. Councilmember Quinn indicated this item was discussed at the Utilities Committee meeting on November 15, 2011. The committee members were unanimous in recommending approval. Bob Giberson, Public Works Director, relayed the City's water, sewer, and surface water rates need to be increased to meet operational and capital expenditures for their corresponding enterprise funds. The single and multi family minimum water meter charge will increase from $10.00 to $12.00. The sewer fund's monthly residential flat rate will increase from $16.06 to $19.26. King County will not be increasing their sewage disposal costs in 2012, which are currently $36.10 per month. The surface water fees will increase from $93.00 to $102.00 for residential parcels. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. i. An agreement for the 2012 Small Drainage Program. Councilmember Quinn indicated this item was discussed at the Utilities Committee meeting on November 15, 2011. The committee members were unanimous in recommending approval. Councilmember Quinn explained the agreement is for the design of the 2012 Small Drainage Program. Three consultant firms were short listed from the Consultant Works Roster, and KPG, Inc. was chosen as the most qualified. Council is being asked to approve the design contract with KPG, Inc. in the amount of $64,945.76. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. j. An amendment to the agreement with Cascade Water Alliance. Tukwila City Council Committee of the Whole Minutes November 28, 2011 Page 6 of 8 Councilmember Quinn indicated this item was discussed at the Utilities Committee meeting on November 15, 2011. The committee members were unanimous in recommending approval. Bob Giberson, Public Works Director, explained that Cascade Water Alliance's (CWA) forecasts anticipated the region's growth, and with the economic slowdown, water conservation has increased and the revenue model needs to be updated. The contract amendment to the Interlocal identifies an increase in the administrative dues from 5% to 9% of annual revenue requirements. For Tukwila, CWA administrative dues will increase from $69,000 to $126,000, and the overall rate model shows an increase of 9.4% in 2012. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. k. Purchase of a thermoplastic striper for the Street Department. Councilmember Hernandez indicated this item was discussed at the Transportation Committee meeting on November 21, 2011. The committee members were unanimous in recommending approval. Bob Giberson, Public Works Director, indicated this purchase will replace a roadway paint striper with a thermoplastic striper. The 501 Fund has a current budget of $80,000.00 for a paint striper, but the thermoplastic striper will cost $92,896.52. To cover the budget shortfall of $12,896.52, staff is proposing to utilize $4,840.00 from the Street Department's 501 depreciation balance and the remaining $8,056.52 from the roadside budget. The Council is being asked to approve the purchase in the amount of $92,896.52. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. I. Purchase of 250 Leotek LED luminaires for the Street Department's traffic control devices. Councilmember Hernandez indicated this item was discussed at the Transportation Committee meeting on November 21, 2011. The committee members were unanimous in recommending approval. Mr. Giberson explained the advances in roadway LED lighting will reduce power consumption by nearly 50% and provide more reliability and longer life to the light fixtures. The cost of LED fixtures is 20% higher than traditional light fixtures, and staff proposes utilizing unspent funding from the Street Division and annual signal programs for the purchase. The Council is being asked to purchase 250 Leotek LED luminaires in the amount of $106,488.75. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. m. Supplement No. 13 to the agreement with IBI Group for the Tukwila Urban Center Transit Center. Councilmember Hernandez indicated this item was discussed at the Transportation Committee meeting on November 21, 2011. The committee members were unanimous in recommending approval. Bob Giberson, Public Works Director, explained Supplement No. 13 will complete the final design of the Transit Center and move forward with appraisals, negotiations and offers on the necessary temporary and permanent easements and right -of -way acquisitions for the project. The City has received a Washington State Department of Transportation Regional Mobility Grant in the amount of $4.7 million to fund the Transit Center project, and it is scheduled for construction in 2012. This supplement is one of two being presented (with the Andover Park West street improvements). The Council is being asked to approve Supplement No. 13 to the agreement with IBI Group in the amount of $429,000.00. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. n. Supplement No. 14 to the agreement with IBI Group for Andover Park West Street and Water Improvements. Councilmember Hernandez indicated this item was discussed at the Transportation Committee meeting on November 21, 2011. The committee members were unanimous in recommending approval. Tukwila City Council Committee of the Whole Minutes November 28, 2011 Page 7 of 8 Bob Giberson, Public Works Director, explained Supplement No. 14 will complete the final design of the Andover Park West street improvements as well as the design of the Andover Park West water main replacement. Combining these two projects with the Transit Center into one design and construction project will reduce costs. The Council is being asked to approve Supplement No. 14 to the agreement with IBI Group in the amount of $313,037.00. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. o. An ordinance for acquisition of right -of -way and easements for the Tukwila Transit Center. Councilmember Hernandez indicated this item was discussed at the Transportation Committee meeting on November 21, 2011. The committee members were unanimous in recommending approval. Bob Giberson, Public Works Director, explained the ordinance is the standard acquisition process used for City projects such as the Tukwila Urban Access (Klickitat) project, Tukwila International Boulevard Phases 1 through 3, and the South 144 Street and South 180 Street improvement projects. The draft ordinance enables the City to obtain a possession and use agreement from property owners, and proceed with the construction of the project. The final design of the Transit Center is underway and construction is scheduled to begin in 2012. Jack McCullough, 701 5th Avenue, Suite 7220, Seattle, represents Open Frame, LLC which owns the Parkwest Plaza, or more commonly known as Acme Bowling Center. He stated the property owners were surprised by the letter they received approximately 10 days ago that indicated the City was beginning the condemnation process. He explained the last communication his clients received relating to the Transit Center project was in 2007. Mr. McCullough and his clients are concerned with the proposed construction of the Transit Center, and they have expressed their surprise that the project is moving forward without stakeholder outreach and open communication. He asked the Council for time to review the proposed project information and plans that were presented to his clients earlier this evening. Mr. McCullough clarified his clients do not oppose enhanced transportation, and they would like additional time to review the plans and assess potential impacts to their property. Brent Carson, 2025 1 st Avenue, Suite 500, Seattle, represents WEA Southcenter. He explained WEA Southcenter has been involved in several transportation related issues and projects with the City, and he voiced his concern over the process and communication relating to the Transit Center project. His client's last communication relating to the project was in 2008, and they are concerned about the proposed timeline associated with temporary construction easements that will affect 25 parking stalls in the project area. Additionally, relating to WEA Southcenter Parcel G, he feels the leaseholders of JC Penney and Firestone should have received notification of the draft ordinance. He relayed that the negotiations of right -of -way and easements will need to be conducted with 3 separate stakeholders. Councilmember Hougardy asked if the City has an established process with stakeholders for City construction projects. Mr. Giberson stated that due to the federal funding associated with the Transit Center project, the City has a strict process to follow with the Department of Transportation (DOT). City staff is prohibited from entering into discussions or negotiation with property owners before the City has the project plan in place. That requirement is a downside of projects such as the Pedestrian/ Bicycle Bridge and the Transit Center project. Until the project scope of work, fee and project team are assembled, City staff is limited on the amount of information that can be shared. He explained that communication relating to potential right -of- way acquisition is strictly controlled by DOT for the federal -aid projects. For these types of projects, staff is required to keep a diary of all communications with the approved right -of -way agent. Staff is able to discuss the design of the project when design updates are available, such as with the distribution of the 30% design plans that were provided to Open Frame, LLC earlier this evening. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. Tukwila City Council Committee of the Whole Minutes November 28, 2011 Page 8 of 8 p. A transfer of right -of -way for the Tukwila Urban Center Access (Klickitat) Project between the Washington State Department of Transportation and the City of Tukwila. Councilmember Hernandez indicated this item was discussed at the Transportation Committee meeting on November 21, 2011. The committee members were unanimous in recommending approval. Bob Giberson, Public Works Director, relayed that with the completion of the Tukwila Urban Center Access (Klickitat) Project, the Southcenter Parkway right -of -way needs to be turned back to the City for maintenance responsibilities. Mr. Giberson explained this process was established by the Washington State Department of Transportation WSDOT) in the 1960's when WSDOT was establishing the right -of- way plans for Interstate 5 and 405. The first step of the process is to convey the right -of -way (ROW) to WSDOT by a Quit Claim Deed, which includes an after acquired title clause (for the ROW originally conveyed from Westfield Mall). Secondly, WSDOT will adjust the limited access line and convey the entire ROW back to Tukwila by means of a Turnback Agreement. Brent Carson, 2025 1 st Avenue, Seattle, indicated that during his review of the agenda materials he noticed the City will convey a portion of the ROW dedicated by Westfield to WSDOT. He explained this was the first notification he or his client, WEA Southcenter, has received on this issue, and he conveyed there could be costs associated with ROW dedication. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. REPORTS Due to the length of the agenda business, the Council dispensed with reports. Council President Ekberg thanked the audience for attending the early Committee of the Whole meeting. ADJOURNMENT 8:21 p.m. COUNCIL PRESIDENT EKBERG DECLARED THE COMMITTEE OF THE WHOLE MEETING ADJOURNED. Allan Ekberg, Council President Melissa Hart, Deputy City Clerk APPROVED AND SIGNED BY THE COUNCIL PRESIDENT ON 12/19/2011 AVAILABLE ON THE CITY'S WEBSITE 12/20/2011