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HomeMy WebLinkAbout2007-02-26 Committee of the Whole MinutesSPECIAL PRESENTATIONS TUKWILA CITY COUNCIL February 26, 2007 7:00 p.m. Council Chambers City Hall COMMITTEE OF THE WHOLE CALL TO ORDER/PLEDGE OF ALLEGIANCE Council President, Verna Griffin, called the meeting to order at 7:01 p.m. and led the audience in the Pledge of Allegiance. OFFICIALS Present were Verna Griffin, Council President, Councilmembers Joe Duffle, Joan Hernandez, Pam Carter, Jim Haggerton, and Dennis Robertson. Councilmember Linder was not in attendance. ATTENDANCE Steve Mullet, Mayor; Rhonda Berry, City Administrator; Dave Haynes, Police Chief; Jim Morrow, Public Works Director; Cyndy Knighton, Senior Engineer; Derek Speck, Economic Development Administrator; Katherine Kertzman, Tourism and Marketing Manager; Evelyn Boykan, Human Services Manager; Rick Still, Parks and Recreation Deputy Director; Christy O'Flaherty, Deputy City Clerk. a. Oath of office administered to Ken Hernandez, Tukwila Police lateral hire Dave Haynes, Police Chief, introduced Officer Ken Hernandez, Tukwila Police Officer. Officer Hernandez grew up in California where he was employed as an electrician. He began his career in law enforcement in 2005 and came to Tukwila from the City of Forks. Mayor Mullet administered the Oath of Office to Officer Hernandez, and Chief Haynes provided him with Badge #174. Officer Hernandez introduced his wife, Eugenia, and 5 week old son and thanked all of those involved in affording him the opportunity to serve the City. The Councilmembers welcomed Officer Hernandez to Tukwila. b. Economic analysis of the real estate market along Tukwila International Boulevard; Matthew Gardner, consulting firm of Gardner Johnson Derek Speck, Economic Development Administrator, indicated the City has retained the consulting firm of Gardner Johnson to provide a real estate market analysis of the Tukwila International Boulevard Corridor (TIBC). The TIB location that is the subject of this study is between Highway 518 and 599, and this is separate from work being performed on the Tukwila Village project. The full report is 150 pages in length, and an executive summary of the data has been provided to the City Council. Anyone wishing to obtain copies of the documentation should contact Mr. Speck. The intent of the study is to provide: Data driven analysis of the potential demand for retail, office, apartments, and condominiums in the TIB corridor over the next 5 years Context for policy or changes along TIB Context for Tukwila Village development options Tool for marketing TIB corridor City of Tukwila Page 2 of 8 City Council Committee of the Whole Minutes February 26. 2007 The Seattle -based firm of Gardner Johnson has a great deal of experience in the areas of mixed -use, office, condominium, apartment, and retail developments. Mr. Speck introduced Matthew Gardner and Matthew Hoffman from the firm of Gardner Johnson. Mr. Hoffman utilized a Powerpoint presentation to illustrate the findings of the economic analysis for the Tukwila International Boulevard Corridor (TIBC). The following topics were highlighted and discussed by the consultants, Mr. Speck, and the City Council. King County Profile King County looks strong and unemployment has gone down. Employment projections are solid, with the median income continuing to rise. Local Profile Tukwila International Boulevard Corridor (TIBC) Strengths: Access Highway, bus, light rail in the future Traffic Volume Potential Cascade Mountain views Existing policy groundwork Land holdings Tukwila Village TIBC Weaknesses: Safety, perceived and real Demographics Identity Housing Market Supportable Development based on demographics and market trends: The TIBC could attract between 40 and 65 new construction attached ownership Flats between $160,000 and $250,000 Townhouses between $185,000 and $300,000 Rental Apartment Recommended Unit Mix and Rental Rates -Low market rents Poor demographics 150 unit project based on existing demand Retail Market TIBC Retail Infrastructure improvements are a help -Up to 50,000 square feet through 2011 Current rates: $17.50 to $25.00 sf /year One or two smaller anchors Neighborhood services "sense of place Office Market Proximity to highways and future light rail Compete against Southcenter, etc. Up to 50,000 square feet through 2011 Suggest flexibility in retail square footage to include neighborhood commercial crossover space such as real estate office, bank, investment advisor, etc. Tukwila International Boulevard Corridor Summary Attached Housing: 45 to 60 units Flats between $160,000 and $250,000 Townhouses between $185,000 and $300,000 Rental Housing: Up to 150 units (but rents are too low) Retail: Up to 50,000 square feet of neighborhood service through 2011 Office: Up to 50,000 square feet through 2011 The Councilmembers shared comments regarding the findings in the analysis and thanked Mr. Hoffman, Mr. Gardner, and Mr. Speck for the informative presentation. Mr. Speck indicated that recommendations regarding this analysis would be brought to the City Council in the next few weeks. City of Tukwila Page 3 of 8 City Council Committee of the Whole Minutes February 26. 2007 c. Fundamentals of Local Improvement Districts; Hugh Spitzer, Bond Counsel, Foster Pepper PLLC Cyndy Knighton, Senior Engineer, relayed that the Tukwila Urban Center (TUC) is a vital component of Tukwila's economic success. The Klickitat project, which is close to design completion, with the intent to construct in 2008, will provide substantial enhancements to the TUC. This $22,000,000 project involves the use of federal, state, and private dollars. The last element of construction funding involves the creation of a Local Improvement District (LID) for the private sector to pay for part of the project. The City Council approved using an LID for this purpose a few years ago, and a preliminary assessment roll will be forthcoming in the next couple of months. The City has retained Hugh Spitzer from Foster Pepper to provide an overview of the necessary steps required to complete an LID. Hugh Spitzer, Bond Counsel from Foster Pepper, provided a detailed account of the various steps involved in the formation of an LID. Mr. Spitzer emphasized that LIDs provide a mechanism to allocate the cost of public improvements to those property owners who are directly benefited due to the increased value from the improvements. He clarified the City cannot make a profit from an LID, but could potentially make a decision to lose money in taking responsibility for project cost over -runs. Mr. Spitzer offered explanations on the following key elements regarding LIDs: Reasons for Using LIDs. Utilization of an LID is necessary when trying to capture the benefit from properties when public improvements are being undertaken. "Special Benefit" versus "General Benefit." A special benefit involves the direct impact from a public improvement that increases the property value due to the improvement, such as sidewalks or utility undergrounding. A general benefit helps the public at- large. LIDs versus ULIDs. LIDs involve assessment of properties; the improvements are financed by issuing bonds that are backed solely by the assessments and a guaranty fund. Utility Local Improvement Districts (ULIDs) are bonds that are backed by assessments in addition to a water or sewer utility. Rules of the Road. (1) All benefited property is included; (2) No assessment exceeding special benefit; (3) Assessments must be proportionate The Lid Process. Formation; Assessment Confirmation; Assessment Collection; -Bonds Formation element includes: Formation by petition of 50% or more of affected property owners Formation by Resolution of the City Council Notice to affected property owners Hearing A legislative process Formation of the LID Objections to the LID Assessment Confirmation element includes: Quasi judicial hearing; Standards of Evidence; Legal Challenge Assessment Collection element includes: Prepayments; Installments; Penalties Bonds element includes: Structure; Guaranty Fund; Repayment The Councilmembers asked questions of Mr. Spitzer regarding various aspects of the LID process and timeline. They thanked Mr. Spitzer for the thorough and educational presentation. CITIZEN COMMENT There were no citizen comments. SPECIAL ISSUES a. Draft amendment to interlocal agreement with King County for animal control services. Councilmember Haggerton indicated this item was discussed at the Finance and Safety Committee meeting on February 20, 2007. The committee members were unanimous in recommending approval. City of Tukwila Page 4 of 8 City Council Committee of the Whole Minutes February 26. 2007 The following changes have been incorporated into the contract amendment with King County for animal control services: (1) Section 1C now provides fora general monthly calendar in advance; (2) Section 2 specifies a not -to- exceed contract dollar amount; and (3) Section 6 more clearly states which interlocal is effective should the amendment be terminated. Al Dams from King County Animal Control provided an overview of the services to Tukwila. A new animal control officer has been added to the King County staff, and enhanced services and hours will be afforded to the City. The officer will report to a Tukwila staff person and get direction on how to best serve the City on that day. This Pilot Program involves the City of Tukwila providing a vehicle for use by the animal control officer. If the City cannot provide a vehicle, the rates can be adjusted for the County to provide that component of the service. Mr. Dams explained that Tukwila has conveyed the necessity of enforcing the dangerous dog code. While there are some differences with the County's code and the City's code, there will be no problem with King County Animal Control enforcing Tukwila's ordinance. One key difference between the King County code and Tukwila's code is the City's ordinance allows the ability to confiscate and euthanize an animal that has committed a particularly heinous act. The County would like to incorporate this language into their code at some point. While this component does not currently exist in the County Code, King County Animal Control will enforce this element of Tukwila's ordinance. Councilmember Robertson pointed out that Tukwila's code also includes private property (not just public property) on matters involving potentially dangerous animals. Mr. Dams conveyed that the County does take enforcement action on private property regularly, and they will enforce any element of Tukwila's code that differs from King County's regulations. One complication from this arises in the appeals process. If a person wishes to appeal an enforcement action of King County Animal Control, the issue goes before the King County Board of Appeals. The Board of Appeals can only rule on codes that are substantially similar to King County's. In enforcing Tukwila's ordinance regarding confiscating and euthanizing a dangerous animal, a different venue for appeals would have to be utilized such as the Tukwila Municipal Court. Mr. Dams relayed they would work with the Tukwila City Attorney's office to ensure the correct appeals venue is used. Rhonda Berry, City Administrator, indicated the City will not have to formulate anything new to fulfill the appeals requirement through the Municipal Court or Tukwila's Hearing Examiner. She relayed she would check into whether any changes need to be made to the Tukwila Municipal Code to facilitate this process. Discussion ensued among the Councilmembers regarding their experiences with animal related issues in the City and their interaction with King County Animal Control officers. Comments were made regarding the need for strong enforcement activities on private property as well as public property; the benefit to the City of paying less money ($35,000 as opposed to $37,500) for more hours of service (approximately 22 hours as opposed to 12); the professionalism and excellent assistance provided by Mr. Dams on this matter; and the need to provide the 1993 contract in the next agenda packet to provide thorough and comprehensive information. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. b. Interlocal agreement with SeaTac and Des Moines for Minor Home Repair Program. Councilmember Carter (in the absence of Councilmember Linder) indicated this item was discussed at the Community Affairs and Parks Committee meeting on February 13, 2007. The committee members were unanimous in recommending approval. The City Council is being asked to authorize the Mayor to sign an Interlocal Agreement between the cities of SeaTac, Des Moines, and Tukwila for planning, funding, and implementing a joint Minor Home Repair program in 2007. City of Tukwila Page 5 of 8 City Council Committee of the Whole Minutes February 26 2007 Evelyn Boykan, Human Services Manager, explained that King County Community Development Block Grant funds in the amount of $65,000 are being utilized for this program. An application for $57,000 had been submitted, but the program was awarded more funding than originally requested. The City of Tukwila will be acting as the fiscal agent for the program. The Minor Home Repair program serves low- income households including many senior citizens and disabled younger individuals. Due to the many regulations and review processes involved with utilization of the block grant funding, a great deal of staff time is devoted to this program. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. c. Sole source Central Control System purchase for Foster Golf Links. Councilmember Carter (in the absence of Councilmember Linder) indicated this item was discussed at the Community Affairs and Parks Committee meeting on February 13, 2007. The committee members were unanimous in recommending approval. Foster Golf Links currently uses an automated irrigation system. A Central Control System uses a computer to read the weather station data and operate the automated system, applying the correct amount of water required for the turf for that day. The Rain Bird Nimbus II Central Control System is the only system that is compatible with the current irrigation system. There is only one vendor who can provide the system, making this a sole source purchase (waiving the competitive bidding requirement). The cost of the system is $32,018.43. Rick Still, Parks and Recreation Deputy Director, indicated the Council is being asked to approve a resolution authorizing acquisition of the Central Control System and waiving the competitive bidding requirement. This computer -based system will use less electricity, save wear and tear on the pumps, and provide enhanced irrigation to the Golf Course through the use of weather station data. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. d. Concurrency Test Fee and Traffic Impact Fees. Councilmember Carter indicated this item was discussed at the Transportation Committee meeting on February 12, 2007. The committee members were unanimous in recommending approval. Ordinance #2110 and #2111 were passed in December, 2005, establishing a concurrency standard and traffic impact fees. Both ordinances require an amendment for ease of setting fees. The 2007 Traffic Impact Fee schedule will be adopted by ordinance, per State Law. The Transportation Concurrency Test fees will be incorporated into the resolution that adopts the Public Works fee schedule Jim Morrow, Public Works Director, provided an overview of this issue. In the Transportation Element of the Comprehensive Plan, level of service standards were established that Tukwila is required to enforce and maintain. Mirai Transportation Planning and Engineering was retained to develop the city -wide transportation model. Part of the work completed by Mirai was to assist the City in developing a concurrency test fee schedule to be assessed on new development to help offset the costs of maintaining the City's transportation model and annual updates. The concurrency ordinance adopted in 2005 states, "The applicant shall submit a detailed project description of the development, including location, vehicular circulation, and gross floor area by use as part of the concurrency application and concurrency test fee." Until now, no concurrency test fee has been established. The fees have been developed based on similar types of development and approximate contribution to new trip generation. This cost to the developer is expected, and has been designed, to be a savings of both time and money due to the dramatic change in Transportation Impact Analysis (TIA) requirements. In the past, approximately 60 -80% of the work associated with the individual TIA requirements was to address concurrency. The proposed fees have been developed to be substantially less than the cost of a full TIA for most new developments. City of Tukwila Page 6 of 8 City Council Committee of the Whole Minutes February 26. 2007 Mr. Morrow explained the fee schedule documents in the Council agenda packet, and the Impact Fee schedule for 2007 was reviewed. Compared to other local jurisdictions, Tukwila is at the middle and low end of the fee range. Mr. Morrow also relayed that the 2007 Traffic Impact Fee schedule will be adopted by a separate ordinance, which is a requirement of State Law. The Transportation Concurrency Test fees will be incorporated into the resolution that adopts the general Public Works fee schedule. Councilmember Haggerton inquired if impact fees charged in residential neighborhoods are utilized within that area of the City. Mr. Morrow responded the fees must be applied toward the list of Capital Improvement Program (CIP) projects in the zone for which they were collected. If the City fails to use the funds within 6 years, they must be refunded. Councilmember Robertson referenced the Impact Fee changes from 2006 to 2007. The range in increases (and in some instances decreases) between zones is inconsistent. Mr. Morrow referred to the CIP project list on page 40 of the agenda packet. He explained the differences are based on cost changes within each zone. Utilization of the Institute of Transportation Engineer's Manual is used to determine trip generation and changes in the formula and can cause cost variations from zone to zone. Councilmember Robertson also referenced the Traffic Impact Fee comparison chart for local jurisdictions on page 47of the agenda packet. He requested clarification as to the difference between the "Cost per Trip" for the City of Sammamish at $14,706.89 and the City of Tukwila at $1,736.80. Mr. Morrow indicated the fees are impacted by acquisition of grants as well as private funding. Tukwila has been very successful in securing grant funding for various projects which brings down the associated costs. Mr. Morrow also emphasized that while Tukwila may continue to collect traffic impact fees until all costs are recovered, the City may not make a profit. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. e. Contract with M. J. Durkan for 2007 lobbying services. Councilmember Haggerton indicated this item was discussed at the Finance and Safety Committee meeting on February 20, 2007. The committee members were unanimous in recommending approval. The 2007 contract for M. J. Durkan for Washington State lobbying services is identical to the 2006 contract with the exception of an added section regarding "Conflict of Interest." The cost of the contract is $4,000 per month plus expenses. Councilmember Robertson asked for clarification as to whether the City could terminate the contract with less than 30 days notice if the "Conflict of Interest" section was violated. Rhonda Berry, City Administrator, responded in the affirmative. Councilmember Haggerton relayed positive comments regarding the services provided by M. J. Durkan toward Tukwila's lobbying needs. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. REPORTS a. Mayor Mayor Mullet reported he will be sending a letter to the Mayor of Sarajevo regarding a possible Sister City relationship. The members of Tukwila's Bosnian community have expressed interest in such an affiliation. b. Council Councilmember Duffie asked for an update on Tukwila's outstanding lawsuits at a future meeting. City of Tukwila Page 7 of 8 City Council Committee of the Whole Minutes February 26. 2007 Councilmember Hernandez attended the recent Tukwila Historical Society meeting at the Foster Library and indicated the next meeting will be March 15, 2007 at the Foster Tukwila Presbyterian Church. Councilmember Carter distributed a report from the recent South County Area Transportation Board (SCATBd) meeting. Ms. Carter attended a Regional Transportation Committee meeting and a Suburban Cities PIC meeting on February 21, 2007. She indicated the topic of the project scope for Tukwila International Boulevard Phases 2 and 3 and bidding alternatives was discussed at this evening's Transportation Committee meeting. While no formal action is required, this could be brought forward as a discussion topic for the whole Council at the meeting on March 5, 2007. Mr. Morrow is anxious to proceed with the next step in the process to move forward on the project. Council consensus existed to bring this item forward for discussion at the March 5, 2007 Regular Council meeting. Ms. Carter reminded Council of the Sound Transit open house event for Roads and Transit on March 20, 2007 from 4:30 -7:30 p.m. at Highline Community College. Councilmember Haggerton attended a February 22, 2007 luncheon event at the Tukwila School District Administration office. Attendees included staff members from Senator Maria Cantwell's office, and the topic of discussion included telecommunications and internet issues. Mr. Haggerton was informed there was $43.5 million in grant funding coming available for telecommunications projects, with a deadline of March 2, 2007. The short notice makes it unlikely the City will be able to respond. Councilmember Robertson reported he has taken a temporary position with the Boeing Company that will last 4 to 6 months. He also shared information regarding his recent trip to Tanzania where he climbed to the top of Mt. Kilimanjaro. Council President Griffin also attended the February 22, 2007 Tukwila School District luncheon with representatives from Senator Maria Cantwell's office. She reminded the Council of the auction at the Sabey Corporation on February 28, 2007 to benefit the Tukwila Food Pantry. c. Staff Rhonda Berry, City Administrator, indicated the City's federal lobbyists did know about the availability of the telecommunications grant money. They suggested Tukwila work with the School District on this issue and seek the funds in the future. Ms. Berry reported that new building access badges are available for distribution to the Council. All City employees will be wearing the lanyards and badges during their workday. They also act as Identification Cards, and they will become functional for accessing City facilities after March 1, 2007. d. City Attorney The City Attorney was not present. e. Intergovernmental There was no report. MISCELLANEOUS Councilmember Hernandez expressed concern about the recent position advertisement for the Council staff person. It was her understanding that while the classification was upgraded to Legislative Analyst, that did not mean the title of the position would also be Legislative Analyst. She thought there would be further discussion regarding the title of the position and duties. Ms. Hernandez felt the work performed by the prior staff person served the Council well. In her view, the job notice may attract applicants who think the job is quite different than what the day -to -day duties entail. Rhonda Berry, City Administrator, explained that "Legislative Analyst" is not the classification; it is a job within the "Analyst" classification. City of Tukwila Page 8 of 8 City Council Committee of the Whole Minutes February 26. 2007 Councilmember Robertson thought the intent was to have an Executive Secretary with the ability to grow into some sort of analyst position. The job, as recently advertised, describes a Legislative Analyst without secretarial functions which, he feels, could be misleading to applicants. Ms. Berry indicated duties that fall underneath the classification can be required of the position, and that would be explained in the interview process. Placement in the "Analyst" classification also allows greater flexibility in dealing with the overtime issues experienced in the past. The Councilmembers exchanged comments on this issue to include their individual understanding of the decision, process, and expectations for the position. Council President Griffin conveyed her intent to talk with the Personnel Director to ensure the pool of applications includes individuals who meet the needs of the entire Council and the real expectations of the job. ADJOURNMENT 10:24 p.m. COUNCIL PRESIDENT GRIFFIN DECLARED THE COMMITTEE OF THE WHOLE MEETING ADJOURNED. Verna Griffin, Council President Christy O'Flahi Duty City Clerk