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Home My WebLink About2023-11-27 Committee of the Whole MinutesTukwila City Council Committee of the Whole Meeting On -site and Virtual Meeting November 27, 2023 — 7:00 P.M. MINUTES 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 Delostrinos Johnson 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 Councilmembers Kathy Hougardy (on -site), De'Sean Quinn (on -site), Kate Kruller (on -site), Thomas McLeod (on -site), Cynthia Delostrinos Johnson (on -site), Mohamed Abdi (on - site), Tosh Sharp (on -site). CITY OFFICIALS Allan Ekberg, Mayor; David Cline, City Administrator; Pete Mayer, Acting Deputy City Administrator/Parks and Recreation Director; Kari Sand, City Attorney; Emily Romanenko, Assistant City Attorney; Nora Gierloff, Community Development Director; Derek Speck, Economic Development Administrator; Vicky Carlsen, Finance Director; Tony Cullerton, Deputy Finance Director; Adam Schierenbeck, Senior Fiscal Coordinator — B&O Tax; Eric Dreyer, Police Chief; Eric Lund, Deputy Police Chief; Hari Ponnekanti, Public Works Director; Seong Kim, Deputy City Engineer; Mark Hafs, EIS Project Director; Andy Youn, Deputy City Clerk. LAND ACKNOWLEDGEMENT Councilmember Hougardy 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 1. Greg Sherlock expressed concern regarding the proposed ordinance clarifying noise regulations on tonight's agenda that he feels does not resolve his ongoing noise complaint regarding the Sabey Data Center. He urged the Council to forward the proposed ordinance to a Committee meeting for further discussion and delay considering the ordinance until the new Mayoral administration. 2. Joe Duffie referenced recent events hosted by the Parks and Recreation Department and shared appreciation for their great work. 3. Mikel Hansen, representing Sabey Corporation; stated Sabey has worked in good faith to resolve Mr. Sherlock's noise complaint. He is speaking in support of the proposed ordinance clarifying noise regulations. SPECIAL ISSUES a. An update on HealthPoint's Health & Wellness Center project. Vicky Hammond, Chief Financial Officer of HealthPoint, Sherry Williams, Vice President of HealthPoint, and Adam Taylor, Project Manager, provided an overview of their plans to construct a new Health and Tukwila City Council Committee of the Whole Minutes November 27, 2023 Page 2 of 4 Wellness Center in the City. The clinic will target an opening of April 2027 and will include medical, dental, pharmacy, behavioral health, and an acute care clinic. The Councilmembers offered comments and asked clarifying questions regarding next steps, building community, partnerships, equitable delivery of services, operations, and good neighbor practices. b. An ordinance granting Valley View Sewer District a non-exclusive franchise to construct, maintain, operate, replace and repair a sewer system within public rights -of -way of the City of Tukwila, and fixing a time when the same shall become effective. Seong Kim, Deputy City Engineer, explained the City is pursuing franchise agreements with all Water and Sewer Districts in the City. The proposed franchise agreement with Valley View Sewer District (VVSD) is the last Water/Sewer Utility requiring approval. Franchise agreements allows "blanket activities" for routine maintenance activities and provides a streamlined permit process while ensuring the City properly manages its right-of-way. Emily Romanenko, Assistant City Attorney, indicated the draft ordinance will have minor changes that following recent approval from Valley View Sewer District that will be brought forward to the next Regular Meeting in track changes. The changes are intended to mirror the franchise agreement with Highline Water District and to delay the start date to ensure VVSD can provide customers with adequate notice. CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING CONSENT AGENDA. c. An ordinance amending the Business & Occupation Tax. Adam Schierenbeck, Senior Fiscal Coordinator— B&O Tax, provided an overview of proposed code changes to the Business & Occupation (B&O) tax that are currently codified as Tukwila Municipal Code (TMC) Chapters 3.26 and 3.27. The changes are intended to administer the B&O tax more effectively, align the City's deductions and exemptions with other Washington cities, and comply with mandatory changes to the State's model ordinance. 8:21 p.m. Councilmember Hougardy exited the Council Chambers. 8:23 p.m. Councilmember Hougardy returned to the Council Chambers. The Councilmembers asked clarifying questions regarding noticing the amendments to businesses, thresholds for reporting, activities that create nexus for the B&O tax, nonreporting businesses, and audits. 8:34 p.m. Councilmember Abdi exited the Council Chambers. 8:41 p.m. Councilmember Abdi returned to the Council Chambers. CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. d. A contract for the Tukwila Community Center Business Plan and Recreation Programming Plan. 8:47 p,m. Councilmember Quinn exited the Council Chambers. 8:49 p.m. Councilmember Quinn returned to the Council Chambers. Pete Mayer, Acting Deputy City Administrator/Parks and Recreation Director, shared staff is seeking to adapt to changing circumstances in parks and recreation activities, update important strategic documents to refresh and inform business and operational practices for the Tukwila Community Center, and ensure a contemporary mix of programs and services to the community. Following a competitive Request for Proposals process, PROS Consulting has been selected to develop a Business Plan for the Tukwila Community Center and Recreation Programming Plan for the department. Tukwila City Council Committee of the Whole Minutes November 27, 2023 Page 3 of 4 The Councilmembers asked clarifying questions regarding the use of limited financial resources, how this work impacts grant application preparedness, differences with other guiding documents such as the PROS (Parks, Recreation, and Open Space Plan), and sustainability of parks. 9:01 p.m. Councilmember McLeod exited the Council Chambers. 9:05 p.m. Councilmember McLeod returned to the Council Chambers. CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. e. An update on the encampment at Riverton Park United Methodist Church (RPUMC). Pete Mayer, Acting Deputy City Administrator/Parks and Recreation Director, and Eric Dreyer, Police Chief, provided a briefing on the asylee encampment at the Riverton Park United Methodist Church (RPUMC) and highlighted there are several families that have moved into transitional housing, with some transitioned individuals returning back to the RPUMC. Several individuals were transitioned to temporary rooms that were made available with King County's assistance. The City is meeting with Pastor Bolerjack on a weekly basis to provide coordination and resources. The Councilmembers asked clarifying questions regarding the number of families, vouchers for temporary shelters, donations, and safety and security. f. An ordinance clarifying noise regulations. Nora Gierloff, Community Development Director, and Kari Sand, City Attorney, gave an overview of a draft ordinance that clarifies the different regulation and treatment of sporadic nuisance noise and codifies the legislative intent that the plainly audible standard is to be used for "in the moment" enforcement of short-term events and the decibel level table is appropriate for ongoing or recurring noise generation. The City could also proceed with an independent 3rd party noise study under the revised noise ordinance to ensure compliance in response to Mr. Sherlock's ongoing noise complaint. Consensus existed to extend the meeting past 10:00 p.m. Greg Sherlock shared additional details regarding his noise complaint regarding the Sabey Data Center and spoke in support of applying a plainly audible noise standard to his complaint as opposed to the decibel level table. Mikel Hansen, representing Sabey Corporation, reiterated Sabey's intent to conduct a noise study on Mr. Sherlock's property to better understand and address his complaint. The Councilmembers offered comments regarding the different approaches and treatment of sporadic nuisance noise from routine, recurring noise sources, acknowledgement the current noise ordinance puts the City at risk and further clarity is needed, and commitment to continuing to work on a resolution for Mr. Sherlock and the Sabey Data Center. Councilmember Sharp expressed concern regarding the timing of the draft ordinance and impacts considering the ongoing situation with Mr. Sherlock. CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE SPECIAL MEETING DIRECTLY FOLLOWING THIS MEETING. g. A resolution adopting a legislative agenda for use during the 2024 Washington State Legislative Session. CONSENSUS EXISTED TO CONSIDER THIS ITEM AT THE NEXT REGULAR MEETING DUE TO THE LATENESS OF THE HOUR. Tukwila City Council Committee of the Whole Minutes November 27, 2023 Page 4 of 4 REPORTS a. Mayor Mayor Ekberg dispensed with his report due to the lateness of the hour. b. City Council Councilmember Hougardy attended a South County Area Transportation Board (SCATBd) meeting. Councilmember Kruller commended Parks and Recreation staff for hosting a successful Thanksgiving luncheon for seniors at the DoubleTree Suites. She attended Governor Inslee's ribbon -cutting ceremony for Washington State DSHS's (Department of Social and Health Services) Olympic Heritage Behavioral Health Center. She participated in a Maverick Cares event and the Allentown truck re-route community meeting regarding the Environmental Impact Statement (EIS). She expressed support for Macy's employees who recently went on strike for workplace safety against crime. Councilmember McLeod participated in the Thanksgiving luncheon for seniors and the ribbon -cutting ceremony for Washington State DSHS's (Department of Social and Health Services) Olympic Heritage Behavioral Health Center. c. Staff There was no report. ADJOURNMENT 10:37 p.m. COUNCIL PRESIDENT DELOSTRINOS JOHNSON DECLARED THE COMMITTEE OF THE WHOLE MEETING ADJOURNED. Cynthia lostrinos Johnson, Council President Andy Youn, Deputy City Clerk APPROVED BY THE COUNCIL PRESIDENT: 12/11/23 AVAILABLE ON THE CITY WEBSITE: 12/12/23