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HomeMy WebLinkAbout2007-10-22 Committee of the Whole MinutesSPECIAL PRESENTATIONS TUKWILA CITY COUNCIL October 22, 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 7:03 p.m. and led the audience in the Pledge of Allegiance. OFFICIALS Present were Verna Griffin, Council President, Councilmembers Joe Duffie, Joan Hernandez, Pam Carter, Jim Haggerton, Pam Linder, and Dennis Robertson. ATTENDANCE Steven Mullet, Mayor; Rhonda Berry, City Administrator; Kevin Fuhrer, Finance Director; Jack Pace, Acting Community Development Director; Brandon Miles, Assistant Planner; Lisa Verner, Project Manager; Jim Morrow, Public Works Director; Gail Labanara, Public Works Analyst; Evelyn Boykan, Human Services Manager; Nick Olivas, Fire Chief; David Haynes, Police Chief; Jane Cantu, City Clerk; Christy O'Flaherty, Deputy City Clerk. a. Capacity Building Project for Tukwila Pantry and Tukwila Community Schools Collaboration; Liz Heath, Capacity Project Consultant. Liz Heath, Capacity Project Consultant, provided an overview of this joint project between the cities of Tukwila, Federal Way, and Burien and The Nonprofit Center. The purpose of this partnership is to increase the capacity of organizations providing critical community services. Ms. Heath explained that "capacity building" means assisting an organization with developing strategies to deliver services more effectively. The two organizations in the City involved in this project are the Tukwila Pantry and the Tukwila Community Schools Collaboration. Ms. Heath conveyed this is a very unique project and knows of none other like it in the country. The project components include: Initial Capacity Assessment; Goal- Setting Retreat; Training; Interim Report; Coaching; Final Capacity Assessment and Report. Ms. Heath provided a summary of the goals and outcomes of the two Tukwila organizations involved in the project. She relayed that both agencies are now stronger and better funded and provide an enhanced quality of life for the citizens of Tukwila. The Councilmembers thanked Ms. Heath for the overview of this important project and also thanked Evelyn Boykan, Human Services Manager, for her proactive efforts on this matter. b. Tukwila Community Schools Collaboration (TCSC) funding request for School Year 2008 -2009; Deborah Salas, Executive Director. Deborah Salas, Executive Director, gave a synopsis of the work being performed in Tukwila schools by TCSC. Ms. Salas is making a request for funding from the City of Tukwila in the amount of $100,000 for the 2008 -2009 school year. Tukwila provided funding from the 2007 budget for use by TCSC. Ms. Salas explained that TCSC serves 215 students at the elementary level; 62 students at the middle school level; and 605 students at the high school. In 2008 it is intended to increase services at each of the three elementary schools. This will allow service to a greater number of students and provide further support for the changing student demographics. Mayor Mullet inquired if the current staff support provided by the Tukwila Parks and Recreation Department would meet the needs in the 2008 -09 school year, and Ms. Salas responded in the affirmative. City of Tukwila Page 2 of 8 City Council Committee of the Whole Minutes October 22. 2007 The Councilmembers expressed support for the good work done by the Tukwila Community Schools Collaboration and thanked Ms. Sales for the presentation. CITIZEN COMMENT Brian Kennedy, 12802 37th Avenue South, referenced comments he made at a prior Council meeting regarding semi trucks blocking the road and parking in the road on East Marginal Way in the vicinity of South 128th Street. He indicated the problem continues to be ongoing and represents what he considers to be a safety issue. David Haynes, Police Chief, indicated he has been to this location to review the issue. The truck is parked 5 feet away from the curb, and there is an 11 -foot area for traffic maneuverability. While the vehicle has been given a 72 -hour parking warning, there are no other traffic related violations. The Police Department will continue to monitor the situation. Pam Fernald, 2431 S 133rd Street, SeaTac, relayed she had brought this issue to the attention of the City approximately a year ago. She indicated that Code Enforcement staff had contacted the owner of the truck who agreed to park on the west side of East Marginal Way. That did not happen and Ms. Fernald feels this is a safety hazard as visibility is obstructed. Councilmember Haggerton expressed that this issue will be placed on the agenda of an upcoming Finance and Safety Committee meeting for consideration. Citizens are invited to attend to express their views, and options for correcting the problem can be explored. SPECIAL ISSUES a. Participation in the Interlocal Cooperation Agreement for the Regional Affordable Housing Program (RAHP). Councilmember Linder indicated this item was discussed at the Community Affairs and Parks Committee meeting on September 11, 2007. The committee members were unanimous in recommending approval. The City Council is being asked to authorize the Mayor to sign an agreement with King County for the Regional Affordable Housing Program. Substitute House Bill 2060 created a surcharge on the document recording fee to support affordable housing projects at the state and local level. The county is allowed to keep 5% off the top to cover the cost of collection and administration. Of the remainder, 40% is remitted to the state, and 60% is retained by the county for use in the Housing Opportunity fund. These dollars are allocated to affordable income housing projects pursuant to the interlocal agreement between the county and suburban cities. Our participation in the agreement has given Tukwila the opportunity to influence the use of county, state, and federal dollars for affordable housing and community development purposes. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. b. Climate Change resolution regarding City operations. Councilmember Linder indicated this item was discussed at the Community Affairs and Parks Committee meeting on September 25, 2007. The committee members were unanimous in recommending approval. The scientific consensus on climate change is that it is happening and that the industrial activities of humans are to blame. Climate change is a global issue, which has significant impacts on the City of Tukwila. The current climate scenarios predict a rise in sea level and warmer winters; warmer winters bring more rain and less snowfall in the mountains. The Department of Community Development, in conjunction with other City departments, has inventoried greenhouse gases that are produced by City operations. The proposed resolution sets goals for the City in reducing greenhouse gases and authorizes the Mayor to sign the U.S. Mayors' Climate Change agreement. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. City of Tukwila Page 3 of 8 Citv Council Committee of the Whole Minutes October 22, 2007 c. State grant funds for Fort Dent /Interurban Avenue South Sewer Extension. Councilmember Hernandez indicated this item was discussed at the Utilities Committee meeting on October 16, 2007. The committee members were unanimous in recommending approval. The City has received a Washington State Department of Community Trade and Economic Development (CTED) grant for the Fort Dent /Interurban Avenue South sewer extension project in the amount of $450,000.00. The total amount of the grant after CTED administrative costs is $444,375.00. The City also received an additional $250,000 from King County for the Fort Dent sewer project. Council approval of acceptance of the grant is required. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. d. Consultant selection for Stormwater Management Plan. Councilmember Hernandez indicated this item was discussed at the Utilities Committee meeting on October 16, 2007. The committee members were unanimous in recommending approval. The National Pollutant Discharge Elimination System (NPDES) requires that the City develop a Stormwater Management Program. The first annual report and the City's Management Plan are due to the Department of Ecology (DOE) on March 31, 2008. To assist with this and other permit requirements, the Washington State Legislature approved grants of $75,000 to each of the affected jurisdictions. Staff discussions with the cities of Newcastle and SeaTac revealed their interest in partnering on a Stormwater Management Plan. This partnership would reduce the overall cost in developing the plan by avoiding duplications. Five firms were interviewed and Parametrix was chosen as the most qualified. The Council is being asked to authorize the Mayor to sign an agreement with Parametrix for the NPDES Phase II Stormwater Management Plan. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. e. An interlocal agreement for Jail Study. Councilmember Haggerton indicated this item was discussed at the Finance and Safety Committee meeting on October 15, 2007. The committee members were unanimous in recommending approval. The King County Department of Adult and Juvenile Detention has provided information that they will no longer accept misdemeanor inmates from King County cities after December 31, 2012. The Council is being asked to authorize the Mayor to sign an interlocal agreement with the cities of Des Moines, Federal Way, and Renton for a cooperative feasibility study for the construction and operation of a misdemeanant jail facility. Tukwila's funding obligation for the study is $37,030.00. The City of Auburn has expressed interest in participating in the study, and if they choose to become involved, an amended interlocal agreement will be submitted for consideration at a later date. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. f. 2008 Property Tax Levy ordinances (2). Councilmember Haggerton indicated this item was discussed at the Finance and Safety Committee meeting on October 15, 2007. The committee members were unanimous in recommending approval. The Council is being asked to consider (1) An ordinance setting the regular property tax levy; (2) An ordinance increasing the regular levy by 1.0 Pursuant to state statute, both proposed ordinances are required in order to receive property tax revenues in 2008. The deadline for submitting 2008 property tax levies to King County is November 30, 2007. A public hearing will be held on November 19, 2007. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. City of Tukwila Page 4 of 8 City Council Committee of the Whole Minutes October 22, 2007 g. A resolution authorizing the Mayor to negotiate an agreement for construction of Southcenter Parkway with La Pianta, LLC. Mayor Mullet stated the need to clarify issues that had been conveyed at the October 8, 2007 Committee of the Whole meeting and from the September 27, 2007 letter received from La Pianta, LLC. He would like to address issues in the following areas: 1. The City's dedicated and competent staff 2. How the draft resolution came before you 3. Remarks by Jenny Durkan, La Pianta's attorney 1. The City's dedicated and competent staff. The Mayor referenced the September 27, 2007 letter from La Pianta and the negative comments regarding City staff. Mayor Mullet emphasized that Tukwila staff has only had the best interests of the City as their guiding principle and has always negotiated in good faith on this matter. 2. How the draft resolution came before you. At the October 8, 2007 Committee of the Whole meeting, comments were made that the resolution regarding this issue was placed on the agenda without Council direction. This is not the case in that the Council President had indicated to the administration this item was to be placed on the Council agenda. A resolution was drafted, and the Council President approved the Council Agenda Synopsis (CAS) form. Due to the turnaround time required to produce the agenda packets, the Council President did not see the body of the resolution until it was in the packet. A phone conversation between the Council President and City administration occurred on Monday (October 8 prior to the Council meeting) wherein the Council President suggested several changes, and a substitute resolution was prepared for Council consideration. City staff followed the direction of the Council in placing this item on the agenda of the October 8, 2007 Council meeting. 3. Remarks by Jenny Durkan, La Pianta's attorney. Contrary to the statements made by Ms. Durkan at the October 8, 2007 Committee of the Whole meeting, Mayor Mullet indicated that termination of negotiations on the Tukwila South project and not accepting the federal and state grant funds will not hurt Tukwila into the future. The City's lobbyists have explained that non acceptance of the funds, if the project is terminated, will likely be a positive in the eyes of granting agencies; Tukwila should initiate that process rather than have the agencies ask for the funds to be returned. Communications with the granting agencies indicate that not accepting the funds is the correct thing to do; will not hurt the City's chances of obtaining funds in the future; and will be used as a model of how to do business. The Segale team continues to maintain that Tukwila is acting on bad information and incorrect numbers. The City's financial consultants and bond counsel have conveyed to the City that the revenue projections for this project are not guaranteed, and it presents significant financial risk to Tukwila. The City's Environmental Impact Statement (EIS) indicates that it will be 15 -20 years before there is enough traffic on Southcenter Parkway to warrant a 5 -lane street if the Tukwila South project does not go through. Comments were made at the October 8, 2007 meeting that completion of the Tukwila South project would mean "you can fund your schools in ways you have never done before." This is not the case in that the Tukwila South area is not currently in the Tukwila School District; it is in the Kent /Renton School Districts. It may be that this area would come into Tukwila at some point in the future; it is unknown what affect that might have on school funding. Mayor Mullet expressed that the resolution before the City Council this evening is a reasonable attempt to reach agreement with La Pianta. It works toward addressing the road only agreement which would build the Southcenter Parkway Extension, and it recognizes that negotiations on the overall project are at an impasse. Working toward the road only agreement ensures that every effort has been made to reach a mutually beneficial compromise and utilize the state and federal grant funds. Brian Kennedy, 12802 37th Avenue South, commented that it does seem roadway improvements are needed on Southcenter Parkway and wondered if there is a "date specific" regarding returning the grant funds. Lavern Peterson, Tukwila Firefighter and President of the International Association of Firefighters #2088, indicated he has been a firefighter in the City for 27 years. He has concerns about Tukwila's ability to City of Tukwila Page 5 of 8 City Council Committee of the Whole Minutes October 22, 2007 fund this project over the long term of a 20 -year development agreement. Currently the City has a no- growth budget, and the Fire, Police and Public Works Departments are stretched to the limits. Locking the City into a project of this magnitude with unforeseen costs may be prohibitive to the solvency of the City into the future. Kathy Hougardy, 14950 57th Avenue South, relayed her concern for traffic issues on Southcenter Parkway. In her view starting over with a new Council and having a public forum would be beneficial. Joanne McManus, 5610 South 133rd Street, believes that both sides need a fresh start on this issue. Anna Bernhard, 14241 59th Avenue South, is confused about how the figures between the two sides can be so different and inquired about mediation. She hopes the issue will be thoroughly investigated. Dave Fenton, 14201 42nd Avenue South, conveyed support for the incoming Mayor and new Council being given an opportunity to pursue unexplored ideas. He is not in favor of losing all the work that has been done up to this point and killing the project. He referenced the "carwash" issue that has been ongoing for several years that involved a $500,000 subsidy by the City. From his standpoint, that issue has not been successfully resolved by the current administration and Council, and he is in favor of the Tukwila South project being reviewed under a new administration. Jack McCullough, Attorney representing La Pianta, stated he has been a land use lawyer for the last 25 years, and development agreements typically present many complex issues due to the associative risks. It is his suggestion that the following proposal be considered by the Council. 1. Consider a cooling -off period until January 2008 and set the agreements aside at this time. 2. During that time, focus on progressing forward on the road project and take concrete steps to lock in the grant funding. Mr. McCullough suggested bringing the construction plans, currently at 90% completion, to 100 This would accelerate the likelihood of utilizing the grant monies and would also establish the costs involved. The Segale family is willing to underwrite the cost of moving forward to bring the plans to 100% completion in an amount of $250,000 $300,000. This would be non refundable and come from the Segale family with no strings attached. Mr. McCullough also conveyed the date of March 31, 2008 is an appropriate deadline for negotiation of the full development agreement. He also conveyed that while the property is not currently in the Tukwila School District, there are steps that could be taken to bring this area into the Tukwila School District. Councilmember Robertson conveyed that while the property currently resides in the Kent and Renton School Districts, the Highline School District is closer to the area than Tukwila. This issue involving 3 school districts coming to agreement on the gain or loss of property tax revenues could present insurmountable obstacles. Mr. McCullough agreed that bringing the property into the Tukwila School District would not be an easy task and might not be successful. He also presented a document in resolution format to the City Council delineating a cooling -off period until January 2008, bringing the road construction plans to 100% completion at the cost of the Segale family, and a March 31, 2008 deadline for the parties to complete their negotiations on the full development agreement. Councilmember Duffie indicated he would like to study and compare both the resolution in the Council packet and the document submitted by La Pianta and consider them at a future Committee of the Whole meeting. Councilmember Hernandez expressed there is a lot at stake on this issue and is in favor of a cooling -off period until after the first of the year. She is willing to consider both the resolution in the Council packet and the document submitted by La Pianta at a future Committee of the Whole meeting. Councilmember Carter conveyed concern about negotiating in public, as it is not typically the way the City does business. She expressed confusion as to why building the road would prevent the development. She is not comfortable with considering a document that just came before the Council this evening. She conveyed support for taking everything off the table and starting from scratch rather than a cooling -off City of Tukwila Page 6 of 8 City Council Committee of the Whole Minutes October 22, 2007 period. She is also willing to consider both the resolution in the Council packet and the document submitted by La Pianta at a future Committee of the Whole meeting. Councilmember Haggerton referenced problems that ensued in this process when verbal negotiations ceased and letter writing between both parties took over the process. He also relayed it is not likely a new Mayor or Council will be able to readily resolve the complexity of issues surrounding this matter. Mr. Haggerton also stated he is not in favor of the deadline on page 112 of the packet in the resolution, setting November 13, 2007 as the date for the road only agreement. He is also not in favor of returning the grant funds and believes it would jeopardize funding capability for Tukwila in the future. He agrees with a cooling -off period and the March 31, 2008 date for completion of negotiations on the full development agreement. He is willing to consider both the resolution in the Council packet and the document submitted by La Pianta at a future Committee of the Whole meeting. Councilmember Linder stated the resolution in the Council packet this evening does not involve returning of grant money; allows continuation toward the road only agreement; and does not prohibit future negotiations on the full development agreement. Ms. Linder explained that on March 16, 2007 the City put forward an offer to La Pianta. Five months later, Mr. Segale came to the Council rather than the administrative negotiating team and relayed the matter had reached an impasse. Ms. Linder does not feel such an action constitutes good negotiating. Since there have been no legitimate negotiations since March, it is not honorable to keep funds that were meant to be used for a project that has reached an impasse. In her view, if the road only agreement could be negotiated and finalized, keeping the funds would be appropriate. Ms. Linder commented that the vision has changed since 2004, and the proposal now provides for 100 acres of warehouse, which does not provide a tangible benefit to the City. Ms. Linder explained the basis for the figures being different between the 2 parties is due to the fact that La Pianta is a profit- making company and they have never run a City. Tukwila has been fiscally solvent for 100 years indicative of sound management. When both sides agree there is an impasse, and City staff relays this is not a good agreement for Tukwila, then we do not have any more give room. Ms. Linder is interested in considering the resolution currently in the Council packet. Councilmember Robertson stated that he has taken some time to review the July 6, 2007 development agreement, presented to the Council in August as a take -it -or -leave it option from La Pianta. This option was presented with no prior notification under the Citizen Comment section of a Council meeting. After consultation from the City Attorney, the Council President sent a letter to La Pianta indicating this is not the way the City does business (choosing the leave -it option). No motion was offered contrary to this action or objection raised at a Council meeting by any member of the Council. Several weeks later, another letter was received from La Pianta suggesting the potential of a lawsuit. The resolution on the table this evening relays that we do need a fresh start and allows acceptance of the road only agreement and formally ends the negotiations on the full development agreement. This would mean that when negotiations begin next year with a new administration, the process starts clean no vesting for the transportation impact fees; no talk of 20 -year guarantees for anything truly new. Mr. Robertson mentioned the $300,000 offer by La Pianta to bring the construction plans to 100% completion is a very minimal sum considering the magnitude of the overall dollars involved in this project. Councilmember Robertson indicated that both Mr. McCullough and Ms. Durkan, legal counsel for La Pianta, stated that cost over -runs on the road only agreement would be paid for by their client. Mr. Robertson read from the July 6, 2007 development agreement submitted by La Pianta, which reads in part, "La Pianta shall not be obligated to pay costs necessitated by unforeseen circumstances during construction." The written document is contradictory to what is being stated verbally. Mr. Robertson referenced the traffic impact fee ordinance passed in December 2005 wherein La Pianta became vested. The cost to the City on this component alone is $16 1/2 million, which by State law must be paid from the City's General Fund. Councilmember Robertson indicated there are many issues in the developer's agreement that require great scrutiny and inquiry on the part of the Council if and when it comes up for consideration in the future. It is the responsibility of the City Council to ensure that any agreement the City enters into is in the best interests of the citizens of Tukwila. He indicated he would like to consider the resolution in the packet at the next Committee of the Whole meeting and the document submitted this evening by La Pianta should be an attachment only. City of Tukwila Page 7 of 8 City Council Committee of the Whole Minutes October 22, 2007 Council President Griffin indicated an agreement is negotiated successfully when both sides walk away feeling good not great. There are many legal issues involved in this matter, and regrouping is in order. COUNCIL CONSENSUS EXISTED TO FORWARD THE RESOLUTION IN THIS EVENING'S AGENDA PACKET TO THE NOVEMBER 26, 2007 COMMITTEE OF THE WHOLE MEETING. THE DOCUMENT IN RESOLUTION FORMAT SUBMITTED BY LA PIANTA THIS EVENING WILL BE PROVIDED AS AN ATTACHMENT. 9:45 pm Council President Griffin declared a five minute recess. 10:03 pm Council President Griffin re- convened the Committee of the Whole meeting. h. Budget proposals from Councilmembers (Discussed after Item i. below) Councilmember Robertson submitted two proposals for possible inclusion in the 2008 budget. 1. Appropriation of $100,000 to fund the Tukwila Community Schools Collaboration (TCSC) program. TCSC is a nationally recognized after school program that has been jointly sponsored by the City and the Tukwila School District. The funding for the program has been mostly in -kind with the City providing approximately $75,000 worth of recreational staff support. The City did appropriate $100,000 toward the program last year. The staff has indicated a contract can be created for the dispersal and management of funding and could be renewed annually (based on availability of City funds and continued program performance). If funding availability cannot be located, Councilmember Robertson recommends postponing the Water Spray Park project to a later year. He considers the park to be a worthwhile capital project that can be re- visited in a later budget year in favor of funding this important community program. Mayor Mullet relayed the likelihood of taking the funds from the Ending Fund Balance for next year and reviewing the situation in the future to determine other potential funding methods. Council consensus existed to appropriate $100,000 in the 2008 budget for the Tukwila Community Schools Collaboration (TCSC) project. 2. Appropriation of $20,000 for acquisition of Police Activity Reporting software. The program currently used by the Police Department does not work well as a means of informational reporting to citizens or for detailed statistical analysis. The product, CADmine, appears to have the capability of good citizen reporting tools as well as features for departmental statistical analysis. In addition to the purchase price, there would also be a $6,000 fee required annually for maintenance of the product. Mayor Mullet indicated it would be a useful tool for the Police staff, and there may be funding availability in the Police Department budget. Council consensus existed to appropriate $20,000 in the 2008 budget for the CADmine Police Activity software program (plus $6,000 annual maintenance fee). City of Tukwila Page 8 of 8 City Council Committee of the Whole Minutes October 22, 2007 i. Review of 2008 Proposed Budget and CIP (Discussed prior to Item h. above) Kevin Fuhrer, Finance Director, introduced each of the following sections of the budget for review by the City Council. The Councilmembers discussed the items and asked for clarification from staff as needed. Council amendments or additions to the preliminary budget were noted by the Finance Director and departmental staff members. Public Works General Street Fund 103 Bridges /Arterial Street 104 Attachment A Attachment B Land Acquisitions Park Develop. 301 Attachment F SWM REPORTS Due to the lateness of the hour, the City Council dispensed with reports. ADJOURN TO SPECIAL MEETING 11:04 p.m. COUNCIL PRESIDENT GRIFFIN DECLARED THE COMMITTEE OF THE WHOLE MEETING ADJOURNED TO CONVENE A SPECIAL MEETING. \Perna Griffin, Council President r A4-- V, t,1 Christy O'Flahoffy, Deputy City Clerk BUDGET CIP PAGES PAGES 117 -136 138 -139 140 -142 149 VII -IX X 21 -30 X IX -XX