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HomeMy WebLinkAbout2012-10-22 Committee of the Whole MinutesTukwila City Council Committee of the Whole Meeting City Hall Council Chambers October 22, 2012 7:00 P.M. MINUTES COMMITTEE OF THE WHOLE EXECUTIVE SESSION Start: 6:30 p.m Council President Seal announced the purpose of the Executive Session is to discuss Collective Bargaining Pursuant to RCW 42.30.140(4)(a). It will last no more than 30 minutes, and no decisions will be made during the Executive Session. Attendees: Jim Haggerton, Mayor; Stephanie Brown, Human Resources Director; Cabot Dow, City Negotiator; Peggy McCarthy, Finance Director; Kimberly Matej, Council Analyst; Tukwila City Counciimembers Joe Duffie, Dennis Robertson Verna Seal, Kathy Hougardy, De'Sean Quinn, Kate Kruller. 6:40 p.m. Councilmember Ekberg entered the Council Chambers. End: 6:45 p.m. 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 Verna Seal, Council President, Councilmembers Joe Duffie, Dennis Robertson, Allan Ekberg, Kathy Hougardy, De'Sean Quinn, Kate Kruller. CITY OFFICIALS Jim Haggerton, Mayor; Bob Giberson, Public Works Director; Gail Labanara, Public Works Analyst; Mike Villa, Police Chief; Stephanie Brown, Human Resources Director; Rick Still, Parks and Recreation Director; Nora Gierloff, Community Development Deputy Director; Peggy McCarthy, Finance Director; Vicky Carlsen, Deputy Finance Director; Derek Speck, Economic Development Administrator; Chris Bacha, City Attorney's Office; Pat McCoy, Fire Captain; Mary Miotke, Information Technology Director; Kimberly Matej, Council Analyst; Melissa Hart, Acting City Clerk. SPECIAL PRESENTATION Presentation of Preliminary 2013 -2014 Biennial Budget. Mayor Haggerton announced that the Preliminary 2013 -2014 Biennial Budget is ready for distribution. The preliminary budget reflects the recommendations suggested by the City Council during the October 2012 budget work sessions. The Council's early involvement provided important input and guidance during the budget process. Earlier this year, the City began a long -range strategic planning process that has engaged the Tukwila community and City staff. This effort has reaffirmed that Tukwila is a unique City and that everyone in the community desires to create an even better place to live, work and play. The strategic planning process has influenced the budget process by clarifying and prioritizing the issues most important to the Tukwila community. Mayor Haggerton explained the main theme for the preliminary 2013 -2014 budget is "Fiscal Sustainability." He briefly highlighted key points addressed in the Mayor's budget message. Tukwila City Council Committee of the Whole Minutes October 22, 2012 Page 2 of 7 NEW INITIATIVES: Crime reduction: Funding for targeting specific "hot spots" within the City and the addition of 5 new employees within the Police Department. Investment in the Urban Renewal Area (Tukwila International Boulevard). Proactive Code Enforcement. 1 new employee to focus on improvements along Tukwila International Boulevard. Investing in Neighborhoods: Funding to create safe sidewalks in City neighborhoods. Investing in City Buildings and Equipment: Funding to engage the community and Council in creating a plan to address City facilities. Strategic Planning: Additional funding each year to continue the strategic planning process and implementation of the plan. KEY ACCOMPLISHMENTS 2011 -2012 Tukwila Village: Council is being asked to approve the Disposition and Development Agreement tonight. Capital Investments: Southcenter (Klickitat) Access project completed October 2011. Southcenter Parkway Extension project complete and the roadway should be open by the end of 2012. Tukwila International Boulevard improvements completed in 2011. Other Projects: King County Flood Control District provided Valley Cities with 75% of the funding needed to remove the temporary flood control devices along the Green River. Removal of the supersacks and HESCO barriers has begun. Mayor Haggerton thanked the Council for their dedication and support during the preparation of the Preliminary 2013 -2014 Biennial Budget. Peggy McCarthy, Finance Director, explained a summary of budget changes included in the preliminary budget is listed on page 14 of the budget book. She said the budget is currently scheduled for adoption at the December 3, 2012 Regular Meeting, and if the Council has any questions, they can be discussed at any of the upcoming Council meetings. Ms. McCarthy distributed copies of the Preliminary 2013 -2014 Biennial Budget to the City Council. CITIZEN COMMENTS There were no citizen comments. SPECIAL ISSUES a. An ordinance regarding the preservation of historical landmarks in the City. Councilmember Hougardy indicated this item was discussed at the Community Affairs and Parks Committee meeting on October 8, 2012. The committee members were unanimous in recommending approval. Nora Gierloff, Community Development Deputy Director, introduced Julie Koler, with King County. Tukwila City Council Committee of the Whole Minutes October 22, 2012 Page 3 of 7 Ms. Koler utilized a PowerPoint presentation on the King County Regional Historic Preservation Program. Highlights of the presentation included: Cost efficient delivery of professional services Survey and inventory Landmark nomination preparation Designation and protection of landmarks Preparation /implementation of design guidelines Review of development projects impacting historic and archaeological sites Landmark designation Preservation can be building, structure, site, district or object Formally designated by the Landmarks Commission Protected by design review process Eligible for certain incentives Benefits of landmark designation Brick and mortar grants (this would be available for City -owned facilities) Historic plaques Landmark designation process Anyone may nominate a historic property o Public hearing before Commission If designated, design controls go into effect immediately Designation takes approximately 90 days Certificates of Appropriateness (COAs) o Monthly review of Certificate of Appropriateness applications City Responsibilities Ms. Gierloff explained the City Council has been briefed about entering into an Interlocal Agreement (ILA) with King County to provide historic preservation services in the City. One of the requirements of the ILA is for the City to adopt an ordinance related to historic preservation. The draft ordinance beginning on page 7 of the agenda packet will adopt a new chapter to be codified in Tukwila Municipal Code (TMC) Title 16, "Buildings and Construction." The new chapter will specify the process, criteria, and method for designating City -owned properties as historic landmarks. The chapter does not impact properties that are not owned by the City. In the future, the City Council could consider expanding the chapter to non City -owned properties. Joan Hernandez, 15224 Sunwood Blvd, expressed her appreciation to the Council for allowing King County to present their informative presentation. She feels the draft ordinance before the Council is restrictive. and language has been incorporated that none of the other participating cities have included in their ordinances. Specifically, there is language regarding payment of fees as identified in 16.60.030, K.C.C. Section 20.62.050, paragraph E (page 9 of the agenda packet), and F (page 10 of the agenda packet); and K.C.C. Section 20.62.080, paragraph E (page 10 of the agenda packet). She asked the Council to provide an exemption clause for 501(c)(3) organizations, and consider an appeal process relating to the a Notice to Proceed decision. Wendy Morgan, 18623 48'" Place South, SeaTac, explained she was the President of the Tukwila Historical Society for the past 13 years. In her opinion, there are facilities within Tukwila that need to be historically preserved, and she urged the Council to consider an exemption from the required fees for 501(c)(3) organizations. The Councilmembers exchanged comments and asked clarifying questions of staff on the draft ordinance. After Council discussion, there was Council consensus to strike "with no appeal rights" from the Notice to Proceed language, and have staff work with the City Attorney's office to draft language that would exempt Tukwila 501(c)(3) non profit organizations from fees associated with the implementation of the historic preservation ordinance, and include the revised language in the draft ordinance for the next Regular Meeting. Tukwila City Council Committee of the Whole Minutes October 22, 2012 Page 4 of 7 COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM, AS AMENDED, TO THE NEXT REGULAR MEETING. b. A resolution authorizing the cancellation of outstanding General Fund claims and payroll checks, 411 Fund Foster Golf Course claims checks, and Municipal Court checks. Councilmember Quinn indicated this item was discussed at the Finance and Safety Committee meeting on October 8, 2012. The committee members were unanimous in recommending approval. Vicky Carlsen, Deputy Finance Director, explained this is an annual procedure, and the resolution authorizes the cancellation of abandoned funds (unclaimed property). The unclaimed property will be reported to the Department of Revenue's Unclaimed Property Section, and it will be recognized on the City's financial statements as a liability and restricted cash for five years. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. c. Review and discussion of the proposed Disposition and Development Agreement for Tukwila Village. City Administration and Tukwila Village Development Associates (TVDA), LLC have agreed on deal terms for TVDA to develop Tukwila Village. The Council is being asked to review and discuss the proposed Disposition and Development Agreement (DDA). Derek Speck, Economic Development Administrator, distributed a copy of two proposed amendments to the draft DDA included in the agenda packet. Proposed amendment number 1: (page 76 of the agenda packet) Replace the first sentence in Section 2.6 (A) Street Vacation in its entirety with the following language: Legislative Action 41 Avenue is a public right of way that separates and encumbers two or more of the Parcels owned by the City and is abutted by property owned by a third party and described in Exhibit "S" attached hereto. Proposed amendment number 2: (page 131 of the agenda packet) Mr. Speck said Section 10.23, "Rights and Remedies Cumulative" paragraph is duplicative, and staff proposes replacing Section 10.23 in its entirety with the following language: Section 10.23 Conflict of Interest. No member, official, or employee of the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official, or employee participate in any decision relating to this Agreement which affects his personal interests or the interest of any corporation, partnership, or association in which he is, directly or indirectly, interested. Councilmember Robertson asked questions and /or requested clarification related to the following: Page 62, Item J: The Parties further intend that this Agreement shall be recorded, in the form of the DDA Memorandum, upon Closing and shall bind Developer and its successors and assigns and transferees and shall be a condition running with the land until such time at the Estoppel Certificate of Completion is issued." He asked if the Estoppel Certificates are issued after the City approves the completion of individual buildings. Mr. Speck answered in the affirmative, with the caveat that different buildings of the proposed development could have other conditions that must be met prior to the Estoppel Certificates being issued. Chris Bacha, City Attorney's Office, clarified the Estoppel Certificates are issued for each phase of a specific development to allow the burdens of the Development Agreement to no longer be associated with Tukwila City Council Committee of the Whole Minutes October 22, 2012 Page 5 of 7 that specific piece of property. This will allow the Developer to transfer a specific building /property to a future owner and the issuance of the Estoppel Certificate will ensure a future owner is not responsible for any requirements associated with future development phases. Councilmember Robertson requested clarification related to Section 2.7, "Entitlements and Vesting," d. Minimum Interior Height. "Non- residential uses at street level shall have a floor -to -floor height of at least 15 feet. This height shall be as measured from the primary entry of the tenant space(s) intended to occupy the street level." He asked for staff to explain the reasoning behind this paragraph. Mr. Speck stated the "floor -to- floor" height language has been included at the recommendation of the Developer's architect. The goal of this section is to allow greater flexibility relating to ceiling height for the retail and the proposed medical office suites. Councilmember Robertson asked if Section 2.7, B, "Conditions Precedent," translates that after the DDA has been signed, the City will continue moving forward with drafting a Development Agreement for the project. Mr. Bacha clarified the "Conditions Precedent" paragraph is saying the Developer and City will continue to mutually negotiate a Development Agreement to be brought forward for Council consideration. The provision provides the Developer the assurance that he is not obligated to move forward with the project if the necessary development regulations are not included in the Development Agreement. Councilmember Kruller asked for clarification on the additional height requested by the Developer. Mr. Speck explained 65 feet is the current zoning height, and the Developer has requested an additional 5 feet for Buildings A and D. The two specific buildings are along Tukwila International Boulevard. The requested height increase does not add any height to buildings near the residential area. The added height is due to the current slope /grade of the proposed building sites. Councilmember Kruller asked if the Council is approving the Developer's request by approving the DDA. Mr. Bacha clarified the specific development regulations will be addressed in the Development Agreement. The Development Agreement is a separate process and the Council will need to conduct a public hearing on the proposed Development Agreement, which will include any development regulations to be considered. There are several agreements and conditions that still need to be worked out. 8:33 p.m. Councilmember Hougardy left the Council Chambers. Sharon Mann, 4452 South 160 Street, thanked staff for their work on the draft agreement. She feels the request by the Developer relating to 70 -foot building height for two of the buildings is acceptable. She commented on the City's current process used to calculate building height, and she explained the City starts building height calculation at the lowest point. 8:35 p.m. Councilmember Hougardy returned to the Council Chambers. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM, AS AMENDED, TO THE SPECIAL MEETING THIS EVENING. REPORTS a. Mayor Mayor Haggerton attended the October 18, 2012 ribbon cutting ceremony for the new TCBY store at Westfield Southcenter. Later that afternoon he gave the welcoming remarks at a military reunion for the 93` Bombadier Group at the Embassy Suites. On October 17, 2012 he attended the Foster High School Hall of Fame induction ceremony for Jeff Thornton (posthumous). Mr. Thornton's family was honored during the Foster High School homecoming game on October 19, 2012, where members of the Tukwila Fire Department participated in the ceremony. Tukwila City Council Committee of the Whole Minutes October 22, 2012 Page 6 of 7 Mayor Haggerton reminded the Council of the November 8, 2012 Strategic Plan Open House from 4:00 p.m. to 6:00 p.m., and the Council workshop immediately following, from 6:00 p.m. to 8:00 p.m., both of which will be held at the Tukwila Community Center Social Hall. b. City Council Councilmember Duffie attended the October 18, 2012 ribbon cutting event at the new TCBY store at Westfield Southcenter. Councilmember Ekberg attended the October 20, 2012 Sustain Tukwila Pool (STP) meeting. On October 17, 2012 he attended the Foster High School Hall of Fame induction ceremony for Jeff Thornton. He announced that he has received some comments from residents who are upset after the recent Waste Management informational meeting. He suggested the individuals attend the next Council Coffee Chat to voice their concerns. Councilmember Hougardy conducted a walking tour of certain Tukwila neighborhoods with the City Administrator on October 16, 2012. On October 19, 2012 she attended the Foster High School homecoming football game. Councilmember Kruller attended the Foster High School homecoming football game on October 19, 2012. Council President Seal participated in the AWC webinar on October 18, 2012 entitled "Making Effective Change in Your City." On October 19, 2012 she attended the Foster High School homecoming football game. Council President Seal announced that she has received a letter from Tukwila resident Brooke Alford, stating that she is representing the Allentown community and requesting the Council update them on the status of talks with Burlington Northern Santa Fe (BNSF) railroad. She explained to the Council the City has not received any new information from BNSF, and she has asked the City Administrator to follow up with Ms. Alford. When the City receives new information from BNSF, that information will be shared with the Allentown community. c. Staff The City Administrator was not present. d. City Attorney The City Attorney's presence is not required at Committee of the Whole meetings. e. Intergovernmental There was no report. MISCELLANEOUS Councilmember Robertson stated he attended the most recent Care Night event at Cascade View Elementary. He commented that three of the tables were hosted by City staff, and he suggested the City Council staff a table at these events. This would give the Council an opportunity to engage members of the community who they might not meet at other functions. He said there is a Global -to -Local event on November 10, 2012, and he asked if the Council was agreeable to having two Councilmembers staff a table at the event. 8:58 p.m. Councilmember Quinn left the Council Chambers. Tukwila City Council Committee of the Whole Minutes October 22, 2012 Page 7 of 7 Kimberly Matej, Council Analyst, stated Thorndyke Elementary will be hosting their Care Night on November 1, 2012, in addition to the Global -to -Local event on November 10, 2012. She stated she will coordinate with the Council on who would be able to attend each of the events. 8:59 p.m. Councilmember Quinn returned to the Council Chambers. Peggy McCarthy, Finance Director, stated it had been brought to her attention that a typo was discovered in the Preliminary Budget that was distributed at the beginning of the meeting. She distributed the corrected page 1 to the Council. Mayor Haggerton explained the Council conducts their meetings the first four Mondays of each month, and he announced there will not be a City Council meeting on October 29, 2012, as it is the 5th Monday in October. ADJOURNMENT 9:00 p.m. COUNCIL PRESIDENT SEAL DECLARED THE COMMITTEE OF THE WHOLE MEETING ADJOURNED TO CONVENE A SPECIAL MEETING. E n Verna Seal, Council President Melissa Hart, Acting City Clerk APPROVED AND SIGNED BY THE COUNCIL PRESIDENT ON 11/05/2012 AVAILABLE ON THE CITY'S WEBSITE 11/06/2012