HomeMy WebLinkAbout2022-11-14 Committee of the Whole MinutesTukwila Cit Council Committee of the Whole Meeting
On-site and Virtual Meeting
MINUTES
November 14, 2022 — 7:00 P.M.
This meeting was conducted both on-site at Tukwila City Hall and virtually via Microsoft Teams.
The phone number for public participation that was provided via the agenda distribution process was:
1-253-292-9750, access code 670077847# as well as a link to join the Microsoft Teams Meeting.
COMMITTEE OF THE WHOLE
CALL TO ORDER/PLEDGE OF ALLEGIANCE
Council President McLeod called the Tukwila City Council meeting to order at 7:00 p.m. and led the
audience in the Pledge of Allegiance.
OFFICIALS
Present at the meeting were Council President McLeod (on-site); Councilmembers Kathy Hougardy
(on-site), De'Sean Quinn (on-site), Kate Kruller (on-site), Delostrinos Johnson (on-site), Mohamed Abdi
(on-site), Tosh Sharp (on-site).
CITY OFFICIALS
Allan Ekberg, Mayor; David Cline, City Administrator; Rachel Bianchi, Deputy City Administrator; Nora
Gierloff, Community Development Director; Kerry Murdock, Development Review Engineer; Derek Speck,
Economic Development Administrator; Vicky Carlsen, Finance Director; Tony Cullerton, Deputy Finance
Director; Jay Wittwer, Fire Chief; Norm Golden, Deputy Fire Chief; Peter Mayer, Interim Parks and
Recreation Director; David Rosen, Parks and Recreation Fiscal Analyst; Eric Dreyer, Police Chief; Eric
Lund, Deputy Police Chief; Hari Ponnekanti, Public Works Director; Seong Kim, Deputy City Engineer;
Griffin Lerner, Public Works Analyst; Joel Bush, Chief Technology Officer; Laurel Humphrey, Legislative
Analyst; Andy Youn, Deputy City Clerk.
LAND ACKNOWLEDGEMENT
Council President McLeod stated "The City of Tukwila is located on the ancestral lands of the Coast
Salish people. We acknowledge their continuing connections to land, waters and culture. We pay our
respects to their elders past, present and emerging."
PUBLIC COMMENTS
David Chivis expressed appreciation for the Tukwila Police and relayed he will be moving out of the
SHAG Apartments due to continued issues around resident safety. He will continue supporting efforts
to ensure resident safety.
2. Joe Duffie thanked the City for hosting the Veterans Recognition Event at the Tukwila Community
Center. He also attended the Museum of Flight's Veterans Day Ceremony. He urged the City to
address resident concerns in a timely manner. The Tukwila Community Center will be holding the
annual Senior Adult Thanksgiving Luncheon on November 22, 2022.
3. Greg Sherlock relayed the noise levels from the Sabey Data Center have recently been in compliance
with the Tukwila Municipal Code. However, he still has not received a response from the City
regarding previous letters he has sent. He shared that as a result of a recent meeting with the King
County Office of Alternative Dispute Resolution and Sabey, he will be attending a briefing with A3
Acoustics, which was the proposed consultant for the noise analysis report. He expressed he does
not support the City renewing its contract for City Attorney services with Ogden Murphy Wallace.
PUBLIC HEARING
Tukwila City Council Committee of the Whole Minutes
November 14, 2022 Page 2 of 7
a. Tax Levy Legislation:
(1) An ordinance increasing the City of Tukwila regular levy from the previous year, commencing
January 1, 2023, on all property, both real and personal, in compliance with RCW 84.55.120.
(2) An ordinance levying the general taxes for the City of Tukwila in King County for the fiscal
year commencing January 1, 2023, on all property, both real and personal, in said city, that is
subject to taxation for the purpose of paying sufficient revenue to carry on the services of the
several departments of said city for the ensuing year, with an excess property tax levy for the
purpose of paying debt service on the City's Unlimited Tax General Obligation Bonds issued
in 2016 and 2019, as required by law.
7:16 p.m. Council President McLeod opened the public hearing and called for a staff report.
Vicky Carlsen, Finance Director, explained the proposed ordinances increase the regular tax levy from
the previous year and adopt the general and excess property tax levies for 2023. Tax levy legislation
must be adopted prior to the end of November.
7:17 p.m. Council President McLeod called for public comments.
Council President McLeod asked if there was anyone who wished to make a public comment on this topic
to speak now or press *6 on the phone to unmute.
There were no public comments.
There were no clarifying questions from the Council.
7:17 p.m. Council President McLeod closed the public hearing.
b. Budget Legislation:
(1) An ordinance adopting the biennial budget of the City of Tukwila for the 2023-2024 biennium.
(2) A resolution adopting the 2023-2028 Financial Planning Model and the Capital Improvement
Program for general government and the City's enterprise funds.
(3) An ordinance amending Ordinance No. 2641, which adopted the City of Tukwila's Biennial
Budget for the 2021-2022 biennium, to adopt an amended year-end budget.
7:17 p.m. Council President McLeod opened the public hearing and called for a staff report.
Vicky Carlsen, Finance Director, explained the proposed legislation adopts the 2023-2024 Biennial
Budget and 2023-2028 Financial Planning Model and Capital Improvement Program. The last ordinance
amends the 2021-2022 Biennial Budget. Budget legislation must be adopted before year-end.
7:18 p.m. Council President McLeod called for public comments.
Council President McLeod asked if there was anyone who wished to make a public comment on this topic
to speak now or press *6 on the phone to unmute.
1. Peggy McCarthy expressed some concerns over the proposed 2023-2024 Biennial Budget and
suggested a balanced budget does not require that revenues equal expenditures. She stated it is
possible to have unidentified revenues in the proposed budget. Additionally, she expressed concern
that the debt service on the Public Works Shops will hamper the City's ability to provide quality
services.
2. Jill Kong is a community organizer for Global to Local which seeks to advance health equity for
underserved communities in the City. She indicated inequities are worsening now that government
relief due to the COVID-19 pandemic has lessened, including housing instability, homelessness, food
insecurity, community health access, mental health and displacement. She urged the City to invest in
community programming to ensure the health and wellbeing of those that are most vulnerable and to
Tukwila City Council Committee of the Whole Minutes
November 14, 2022 Page 3 of 7
continue partnering with community organizations that work directly to provide services to community
members.
7:24 p.m. Councilmember Abdi left the Council Chambers.
There were no clarifying questions from the Council.
7:27 p.m. Council President McLeod closed the public hearing.
c. Business and Occupation (B&O) Tax Legislation:
(1) An ordinance establishing a new Chapter 3.26 of the Tukwila Municipal Code (TMC) entitled,
"Business and Occupation Tax"; establishing TMC Chapter 3.27 entitled "Business and
Occupation Tax Administrative Provisions"; and providing for a referendum process.
7:27 p.m. Council President McLeod opened the public hearing and called for a staff report.
Tony Cullerton, Deputy Finance Director, explained the proposed ordinance establishes a new Chapter
3.26 of the Tukwila Municipal Code (TMC) entitled, "Business and Occupation Tax," and a new Chapter
3.27 of the TMC entitled, "Business and Occupation Tax Administrative Provisions." The tax is being
proposed as part of a "three-legged stool" approach to a balanced budget including use of one-time funds
and keeping certain open positions vacant. The proposed tax would take effect January 1, 2024 and
exempts certain businesses as required by the State Model Ordinance in addition to nonprofits, card
rooms, sports teams, and businesses earning $750,000 or less annually.
7:29 p.m. Council President McLeod called for public comments.
Council President McLeod asked if there was anyone who wished to make a public comment on this topic
to speak now or press *6 on the phone to unmute.
1. Annie McGrath, CEO of Seattle Southside Chamber of Commerce, relayed the B&O tax comes at a
challenging time for Tukwila businesses due to recent increases in minimum wage and pandemic -
related losses. The Chamber recognizes the City is working to maintain the needs of the community
and noted public safety is a top priority for the business community. If the B&O tax is approved, she
urged the City to consider sunsetting the tax after 3 years, requiring a review demonstrating the
expenditures in 2 years, implementing an appeal process for hardship review, and moving the annual
business license fee structure to a flat -rate model. Alternatively, she asked that the City convene a
stakeholder group if the City doubles the annual business license fee, and make it a temporary
increase.
2. Jeff Bauknecht, Grant Program Manager with the Museum of Flight, noted that while the museum
would be exempt from the proposed B&O tax as a nonprofit organization, the impacts of the COVID-
19 pandemic continue to create a challenging environment for businesses. He urged the City to
provide sufficient time for businesses to respond to impacts.
7:31 p.m. Councilmember Abdi returned to the Council Chambers.
There were no clarifying questions from the Council.
7:34 p.m. Council President McLeod closed the public hearing.
SPECIAL ISSUES
a. Tax Levy Legislation:
(1) An ordinance increasing the City of Tukwila regular levy from the previous year, commencing
January 1, 2023, on all property, both real and personal, in compliance with RCW 84.55.120.
(2) An ordinance levying the general taxes for the City of Tukwila in King County for the fiscal
year commencing January 1, 2023, on all property, both real and personal, in said city, that is
subject to taxation for the purpose of paying sufficient revenue to carry on the services of the
Tukwila City Council Committee of the Whole Minutes
November 14, 2022 Page 4 of 7
several departments of said city for the ensuing year, with an excess property tax levy for the
purpose of paying debt service on the City's Unlimited Tax General Obligation Bonds issued
in 2016 and 2019, as required by law.
CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING.
b. Budget Legislation:
(1) An ordinance adopting the biennial budget of the City of Tukwila for the 2023-2024 biennium.
(2) A resolution adopting the 2023-2028 Financial Planning Model and the Capital Improvement
Program for general government and the City's enterprise funds.
(3) An ordinance amending Ordinance No. 2641, which adopted the City of Tukwila's Biennial
Budget for the 2021-2022 biennium, to adopt an amended year-end budget.
The Councilmembers asked clarifying questions and discussed considerations around meeting the
budget gap including alternatives to the proposed B&O tax, impacts of using reserves, and timelines and
expectations associated with increasing staffing in the Police Department.
Council consensus existed for staff to return with information regarding whether a balanced budget can
be adopted with an unspecified revenue source, the real estate value of the UPS site which will house the
new Public Works Shops, costs associated with filling the frozen police department positions, and offers
made on City -owned properties.
7:47 p.m.
7:49 p.m.
7:49 p. m.
7:51 p.m.
8:42 p. m..
8:44 p.m.
8:45 p. m.
8:47 p.m.
Councilmember Hougardy left the Council Chambers.
Councilmember Hougardy returned to the Council Chambers.
Council President McLeod left the Council Chambers.
Council President McLeod returned to the Council Chambers.
Councilmember Quinn exited the Council Chambers.
Councilmember Quinn returned to the Council Chambers.
Council President McLeod left the Council Chambers.
Council President McLeod returned to the Council Chambers.
CONSENSUS EXISTED TO FORWARD ITEMS B1 -B2 TO THE NEXT REGULAR MEETING FOR
FURTHER DISCUSSION AND ITEM B3 TO THE NEXT REGULAR MEETING.
c. Business and Occupation (B&O) Tax Legislation:
(1) An ordinance establishing a new Chapter 3.26 of the Tukwila Municipal Code (TMC) entitled,
"Business and Occupation Tax"; establishing TMC Chapter 3.27 entitled "Business and
Occupation Tax Administrative Provisions"; and providing for a referendum process.
CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING FOR
FURTHER DISCUSSION.
d. A resolution authorizing the transfer of funds for the purpose of making a loan from the Sewer
Fund to the General Fund; establishing an interest rate and repayment schedule for said
interfund loan (Fire Department apparatus).
Vicky Carlsen, Finance Director, explained the proposed resolution authorizes an interfund loan from the
Sewer Fund in an amount up to $1,100,000 to purchase a new fire engine as part of the Interlocal
Agreement with the Puget Sound Regional Fire Authority (PSRFA). Repayment of the loan would occur in
2026 following a positive vote for annexation of the Fire Department to the PSRFA.
CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING.
Tukwila City Council Committee of the Whole Minutes
November 14, 2022 Page 5 of 7
e. An ordinance amending Tukwila Municipal Code Chapter 11.08, "Right -of -Way Use Permits."
Kerry Murdock, Development Review Engineer, explained the proposed ordinance streamlines the
Tukwila Municipal Code (TMC) Chapter 11.08, "Permits," to improve permitting procedures and to align
with the proposed resolution adopting a Consolidated Permit Fee Schedule. Right-of-way permit subtypes
will be consolidated from six down to two categories: Right -of -Way Use Permit and Annual Activities
Blanket Permit.
CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING CONSENT
AGENDA.
f. A resolution repealing Resolution Nos. 2012, 2021, and 2046, and adopting a Consolidated
Permit Fee Schedule.
Nora Gierloff, Community Development Director, explained following the October 24, 2022 C.O.W.
Meeting discussion where an increase in the $20 special permit fee for residential remodels up to a value
of $20,000 was discussed, staff have returned with a proposed fee of $45. The proposed fee is expected
to continue reducing barriers to permitting for homeowners making modest improvements while balancing
against cost recovery.
CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING CONSENT
AGENDA.
g. An ordinance setting Council compensation for 2023-2026.
Laurel Humphrey, Legislative Analyst, explained the proposed ordinance updates Council compensation
for 2023-2026 in alignment with cost -of -living increases per Tukwila Municipal Code (TMC) Chapter 2.05.
CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING.
h. A contract with Ogden Murphy Wallace for City Attorney services for 2023-2024.
David Cline, City Administrator, stated the current contract for City Attorney services expires December
31, 2022. The proposed contract is for a flat monthly rate of $33,000 in 2023 and $35,000 in 2024 in
addition to fees.
CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING CONSENT
AGENDA.
i. A contract with Kirshenbaum & Goss for public defense services for 2023-2024.
David Cline, City Administrator, stated the current contract for public defender services expires December
31, 2022. The proposed contract is for $29,500 per month for 2023-2024.
CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING CONSENT
AGENDA.
j. Non -Represented Employees Market and Compression Study.
Rachel Bianchi, Deputy City Administrator, indicated the Council approved a market study for non -
represented staff in 2019 in alignment with Resolution 1951, the City's adopted Compensation Policy.
However, due to pandemic -related budget reductions, the study did not proceed, prolonging existing
issues with compression and positions that cannot be benchmarked. The proposed 2023-2024 Biennial
Budget includes funding for the non -represented employees' market and compression study that will
allow a true market-based analysis of non -represented compensation and retroactive payment to 2020 for
any misaligned staff.
Tukwila City Council Committee of the Whole Minutes
November 14, 2022 Page 6 of 7
CONSENSUS EXISTED TO PROCEED WITH THE MARKET STUDY FOR NON -REPRESENTED
STAFF.
REPORTS
a. Mayor
Mayor Ekberg attended the Museum of Flight's Veterans Day Ceremony.
b. City Council
Councilmember Hougardy participated in the Equity Policy Implementation Committee retreat and the
Greater Seattle Partners Board of Directors meeting where they discussed work plans and the vision for
2023.
Councilmember Quinn reported the Finance and Governance Committee reviewed a contract amendment
with Walls Law Firm, ordinances updating impact fees, a resolution adopting the 2023 Legislative
Agenda, non -represented employees market and compression study, and received reports on American
Rescue Plan Act fund expenditures and the monthly General Fund update.
Councilmember Kruller attended a Puget Sound Regional Council Transportation Policy Board meeting
where they continued discussing allocation of Federal Highway Administration funds based on equity
criterion. She attended the Veterans Recognition Event at the Tukwila Community Center featuring the
Puget Sound Honor Flight program and the Museum of Flight's Veterans Day Ceremony where the
Keynote Address was given by retired U.S. Navy Captain Bill Woodman.
Councilmember Delostrinos Johnson shared November is National Native American Heritage Month. She
encouraged the Council to think of ways to honor the first people of this land.
Councilmember Abdi acknowledged those who have served and Native American community members.
Council President McLeod attended the Somali Excellence Gala honoring the achievements in the Somali
community.
c. Staff
There was no report.
MISCELLANEOUS
Councilmember Quinn shared the University of Washington Huskies recently beat the University of
Oregon Ducks.
Tukwila City Council Committee ofthe Whole Minutes
November 14, 2022
Page 7 of 7
ADJOURNMENT
10:03 p.m. COUNCIL PRESIDENT MCLEOD DECLARED THE COMMITTEE OF THE WHOLE
MEETING ADJOURNED.
Thomas McLeod, Council President
Andy Youn, Deputy City Clerk
APPROVED BY THE COUNCIL PRESIDENT: I1/28/2022
AVAILABLE ON THE CITY WEBSITE: � 11/29/2022