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HomeMy WebLinkAbout2009-03-23 Committee of the Whole MinutesOFFICIALS CITY OFFICIALS SPECIAL PRESENTATIONS Tukwila City Council Committee of the Whole Meeting City Hall Council Chambers March 23, 2009 7:00 P.M. CALL TO ORDER /PLEDGE OF ALLEGIANCE 2008 Revenues: Projected Revenue of $43 million Actual Revenue of $41 million Decrease of $2 million MINUTES Council President Hernandez called the Tukwila City Council meeting to order at 7:03 p.m. Ms. Hernandez introduced Joe Tice and the delegation from the Tukwila Pantry, who led the audience in the Pledge of Allegiance. Present were Joan Hernandez, Council President, Councilmembers Joe Duffie, Pam Linder, Dennis Robertson, Verna Griffin, Kathy Hougardy, De'Sean Quinn. Jim Haggerton, Mayor; Rhonda Berry, City Administrator; Jim Morrow, Public Works Director; Bruce Fletcher, Parks and Recreation Director; Shawn Hunstock, Finance Director; Peggy McCarthy, Deputy Finance Director; David Haynes, Police Chief; Dennis McOmber, Police Commander; Nora Gierloff, Community Development Deputy Director; Carol Lumb, Senior Planner; Mary Miotke, IT Director; Kimberly Matej, Council Analyst; Melissa Hart, Deputy City Clerk. Mayor Haggerton provided the 2009 State of the City address to the City Council. His presentation included a briefing on: 2008 Property Taxes: Projected amount $11.28 million Actual amount received $11.25 million, a decrease of $30,000 2008 Sales Tax: Projected Revenue of $19,045,000 million Actual Revenue received $17,752,678, a decrease of $1,292,322 or 6.78% Comparing 2007 and 2008, the total sales tax collected for 2008 was 8.57% less than the previous collections. 2008 Expenditures: Projected General Fund Expenditures of $45,009,673 Actual General Fund Expenditures of $43,987,368, which is $1,022,275 less than the projected budget 2008 Events: Tukwila's 100 Birthday was kicked off with the Centennial Celebration at Westfield Southcenter and continued throughout the year with the opening of the Macadam Winter Garden, Family Fourth at the Fort and the grand opening of the Westfield Mall expansion. During the Centennial Celebration, Tukwila was named a Fit City by the American Heart Association, and Tukwila's Healthy Employee Program received an award from the Association of Washington Cities for the sixth consecutive year. Tukwila City Council Committee of the Whole Minutes March 23, 2009 Page 2 of 8 2009 Outlook: Tukwila boasts over 2,000 businesses with over 42,000 jobs more jobs than most counties in the State of Washington. The City continues to plan for large infrastructure projects such as the Klickitat project, Southcenter Boulevard extension, Tukwila International Boulevard Phase II and III, and the South Correctional Entity (SCORE) Facility project. A recently discovered weakness in the Howard Hanson Dam provides an opportunity for the City to encourage the community to ramp up its emergency preparedness efforts. Several community outreach meetings are scheduled through April. Mayor Haggerton indicated Tukwila is a neighborly City with a mix of incomes and housing stock affordable to a range of families. We are a City of partnerships; we have learned that as a small City we can gain so much more by pooling resources with other cities who share similar challenges. Current partnerships include Valley Communications 911 dispatch center, Suburban Cities Association, Cascade Water Alliance, the Association of Washington Cities, King County Committee to End Homelessness, Water Resource Inventory Area 9, and National League of Cities. On June 27, 2009 Tukwila will host the starting line for the first ever 2009 Tukwila to Seattle Rock -n -Roll Marathon and 1/2 Marathon. Mayor Haggerton indicated that despite current economic conditions, the Tukwila Urban Center Plan will proceed in 2009. City administration continues to work on the Tukwila South Project and Tukwila Village. Efforts will continue on the Duwamish Riverbend Hill Project, and the redevelopment of the former Associated Grocers site by the Sabey Corporation could become a stunning gateway to our City. He also stated two of his goals for the City that have not yet been addressed are a teen center and the need for senior housing. A teen center is extremely important in order to provide positive, creative and productive activities for teenagers as they grow into adulthood. Senior housing is also very important to retain our valuable senior population in the City. Mayor Haggerton indicated change is the popular word of the day and change is not always easy. He asked for the Council's continued cooperation and teamwork in effecting change that will be good for the City now and into the future. Council President Hernandez thanked Mayor Haggerton for his State of the City address and the many accomplishments to date. CITIZEN COMMENT There were no citizen comments. SPECIAL ISSUES a. An Interlocal Agreement with SeaTac for the Community Center to Community Center project. Councilmember Griffin indicated this item was discussed at the Community Affairs and Parks Committee meeting on March 9, 2009. The committee members were unanimous in recommending approval. An Interlocal Agreement between the City of Tukwila and City of SeaTac is needed to move forward with a program study and preliminary design of a multi -use trail that will connect the Tukwila Community Center and the SeaTac Community Center. Councilmember Robertson requested clarification associated with the estimated construction costs of the trail system. Bruce Fletcher, Parks and Recreation Director, indicated a construction cost estimate will be prepared and provided to the City Council upon completion of the design phase and program study. Tukwila City Council Committee of the Whole Minutes March 23, 2009 Page 3 of 8 Council President Hernandez requested the word "trail" be added to the title of the project. Council consensus existed to add the word "trail" to the end of the project title. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE SPECIAL MEETING DIRECTLY FOLLOWING TONIGHT'S COMMITTEE OF THE WHOLE MEETING. b. Records Storage Facility. Councilmember Linder indicated this item was discussed at the Finance and Safety Committee meetings on January 21 and February 3, 2009. The committee members were unanimous in recommending approval. City records are currently located throughout multiple locations, some of which are not secure or easily accessible. As a result, staff has searched for suitable warehouse space. Staff has found that Sabey Corporation's warehouse at 3411 South 120` Place in Tukwila currently has the most competitive offer for a single location records storage facility. Councilmember Robertson requested clarification about the discrepancy between the $131,078 expenditure required and the $1,186,000 amount budgeted. Jim Morrow, Public Works Director, explained the budgeted amount is the total amount contained within the 303 -Fund, while the expenditure amount is what would be deducted from that 303 -Fund to pay for the new records storage facility. Councilmember Robertson inquired as to the use of the 303 -Fund. Mr. Morrow explained the 303 -Fund is used to fund all aspects associated with City facilities. Councilmember Robertson said he believed there was a list of either known or possible expenditures funded by the 303 -Fund. He asked whether the records storage facility was one of those items, and if so, whether it was the highest priority on that list. Mr. Morrow indicated that it is currently the highest priority. Councilmember Robertson requested a list of projects associated with the 303 -Fund and Mr. Morrow indicated that would be provided to the Council. Councilmember Linder added that the City's records storage needs are significant and must be addressed. The City has put this need off for quite awhile and the applicable laws are very specific for records issues. The City cannot put this particular project off any longer, even given the economic situation. The Police Department still has evidence storage requirements not covered by this records storage proposal. Councilmember Robertson indicated his concern is not merely the $131,000 in the first year, but rather the additional costs in subsequent years. The cost would be roughly a $500,000 commitment for the six -year financial plan. The Council is scheduled to have their budget workshop in May, at which point the Council will be able to determine what income the City can expect based on sales tax. He does not dispute whether records storage should be at the top of the list. He will accept their recommendation on that point; rather he is concerned whether any item on the 303 -Fund list should be funded at this level, until the City gets through the financial review. Rhonda Berry, City Administrator, indicated she appreciates Councilmember Robertson's concern about the total cost over the next six years. Another consideration is that fines are imposed on cities that do not meet public records request needs. The courts do not care if City government is short staffed or if humidity controlled facilities were too expensive. The courts levy the fines if those records are not maintained and provided appropriately, regardless of reason. One city was recently fined two thirds of their annual budget because they were deemed "non- responsive" to a public records request. The risk of fines and non compliance with the Public Records Act are part of what has gone into the recommendation by staff to bring this forward at this time, even with the current economic challenges. Councilmember Duffie indicated the City currently has a poor storage situation. He is very concerned about the potential for fines, and the deterioration of records when not properly stored. One way to look at it is that the City will either pay for good storage now or pay more for fines later. Tukwila City Council Committee of the Whole Minutes March 23, 2009 Page 4 of 8 Councilmember Quinn indicated this issue came to the Finance and Safety Committee under the leadership of Councilmember Linder, and the committee considered all available options. He understands Councilmember Robertson's desire to ensure they have options going forward. The challenge is that options are significantly reduced if the City should be penalized with heavy fines. Today's paper included an editorial on the Public Records Act, which included issues of compliance, governmental transparency, availability, and moving towards new records storage methods. This storage facility would allow staff to more efficiently manage and maintain records and comply with regulatory requirements. This proposal will put the City in a position to provide the required recordkeeping service. If, on the other hand, the City does not move forward on this now, they can expect to pay $3 million for meeting the same requirement a few years later. Councilmember Robertson conveyed that City staff, Administration and the Committee did a very good job analyzing the issue. He is still concerned that he does not know the City's financial status for 2009 after a poor performance in 2008. The best forecast for 2009 indicates continued poor financial health, and that 2010 will be flat. The Council can start to answer those questions in May after the budget workshop. He would like to wait until the May analysis before he makes a decision. Councilmember Linder explained that she has always preferred to have all the records in one place, and having them in multiple locations is a concern. In addition, most of the other items on the possible expenditures list do not involve a legal risk if they are not carried out. The City cannot simply choose to be out of compliance. She believes it would be very unwise to leave their funds vulnerable. They did discuss waiting until May, but to be prudent they should move now to avoid potential problems. Councilmember Griffin added that from a fiduciary responsibility standpoint, Councilmember Robertson's suggestion is a good one. From a legal standpoint, being out of compliance can put the City in a liability position. She indicated the legal issues outweigh the fiduciary concerns on this matter. Councilmember Quinn added the Council's responsibility is to make decisions. The records for those decisions should be available to the public at all times, and the City has a duty to be able to provide those records after any request from anyone. City staff has so far been able to provide record requests only because they are working very hard to provide normal levels of service with what they have. This proposal would allow staff to provide that same service much more efficiently, and ensure that the public always has access to well preserved, well- organized records. Councilmember Linder requested that the Risk Manager provide a short statement on this item at the next Regular Meeting. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. c. Tukwila Pond Alum Injection and Aeration project. Councilmember Hougardy indicated this item was discussed at the Utilities Committee meeting on March 10, 2009. The committee members were unanimous in recommending approval. This project will provide an alum injection and aeration system that will remove phosphorus, increase oxygen content and reduce algal blooms in the Tukwila Pond. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. d. Shoreline Master Program briefing. Council President Hernandez opened the briefing with acknowledgement of a hand delivered letter, addressed to the members of City Council, from attorney Jeff Webber with law firm Gordon Derr, dated March 16, 2009. Copies of this letter have been provided to all Councilmembers. The letter provided comments on the City's Shoreline Master Program update. Carol Lumb, Senior Planner, gave a PowerPoint presentation on the Shoreline Master Program. She explained the presentation was a synopsis of the Shoreline Master Program compiled through the Planning Commission review process. Tukwila City Council Committee of the Whole Minutes March 23, 2009 Page 5 of 8 The presentation is intended to give the Council an understanding of the various issues faced during the review process, as well as an explanation of the February 5, 2009 set of Shoreline Management Program recommendations from the Planning Commission. Key points from the PowerPoint presentation included: The City's existing Shoreline Management Program (SMP) was originally crafted in 1974. Much has changed since then, in terms of both environmental and regulatory conditions. The update began in 1992, and the City's Comprehensive Plan was adopted with shoreline policies in 1995. The shoreline inventory, draft SMP and design manual were created during 2000 and 2001, but the City stopped work in 2001 after some of the applicable regulations were invalidated. There is a great deal of technical information in the Appendices, such as the inventory and characterization report, the restoration plan and a draft cumulative impacts analysis. Most of the changes are built on this background information. The restoration plan, in particular, is a critical document. Key issues in the SMP are: 1) Shoreline environmental designations and buffer widths, including the Corps of Engineers' levee profile 2) Vegetation protection and landscaping 3) Public access requirements 4) Shoreline stabilization standards 5) Shoreline restoration /impacts to adjacent properties 6) Nonconforming uses and structures Three shoreline environment designations were created: 1) Shoreline Residential, which includes Allentown, Duwamish, and Foster Point. This environment is characterized by low density residential areas. 2) Urban Conservancy, which includes most of the shoreline, excluding those specific areas listed in the other two categories. 3) High Intensity, which includes the industrial area north of the turning basin to the northern City limits. One of the shoreline plan's goals is to foster and strengthen water dependent and water related uses. In Tukwila's jurisdiction, the only practical area with those activities is north of the Turning basin, which is the only navigable portion of the river. The Shoreline Residential designation features the mildest buffer distance of a minimum of 50 feet. The proposed re -slope ratio is 2.5:1, plus 20 feet from the top of the reconfigured bank. The re -slope and setback areas are both contained within the 50 -foot buffer. The proposed changes do not require slope re- configuration, but rather that structures are not sited in erosion -prone areas. Part of the Urban Conservancy Environment area contains federally- certified levees. In areas with a levee, the proposed buffer width is 125 feet, which allows room to reconfigure the slope to 2.5:1 ratio with a mid -slope bench to allow for plantings. In the non -levee portion of the Urban Conservancy Environment, the proposed buffer width is 100 feet. The buffer width may be reduced if the levee is reconstructed or the slope is reconfigured to 2.5:1 ratio and planted. The river character is different in much of the High Intensity Environment, featuring shallow -bank areas. Water levels are also more influenced by tidal forces than farther upstream, which in turn has resulted in different buffer slope characteristics. The High Intensity Environment's buffer is 100 feet from the ordinary high water mark, and reconfiguration of riverbanks is proposed to be 3:1 slope. Public access requirements, including via the Green River Trail, have been revised substantially by the Planning Commission. That section of the document also generated numerous comments from property owners, resulting in many revisions. Property owners adjacent to the existing Green River Trail requested the trail be brought up to new standards, and felt that properties adjacent to proposed trails needed dedicated easements for those trails. The current recommendations provide incentives for public access, and specify which conditions would trigger public access where not previously required. Tukwila City Council Committee of the Whole Minutes March 23, 2009 Page 6 of 8 Flood hazard reduction in Tukwila includes federally- certified levees, which means everything behind the levees is not considered in the floodplain. This is in contrast to other valley cities that are now in floodplain designations on the new Federal Emergency Management Agency (FEMA) maps. Aside from the levees, construction of new flood hazard reduction structures is restricted. New or redeveloped flood control structures must include a mid -slope bench for vegetation as described above. The maximum side slope is 2.5:1. The City is facing something of a stalemate regarding bank stabilization at the federal level. One federal agency requires tree removal when the tree is over a certain size, due to stability issues, while another federal agency requires the trees be left alone, so the City is caught in the middle. State legislation is pending that may resolve the issue. Shoreline restoration issues include: 1) movement of the ordinary high water mark 2) relief from some SMP requirements 3) potential rejection by the state 4) legislation currently under consideration to address issue #2 While shoreline restoration is a goal of the SMP, it has been discovered that restoration projects can have unintended consequences for adjacent property owners. The bill making its way through the state legislature (House Bill 2199) may provide some flexibility for adjacent property owners who are inadvertently brought under greater regulatory compliance requirements as a result of an adjacent shoreline restoration project. The proposed relief would apply whether the restoration is a publicly sponsored project or whether the adjacent property owner is implementing mitigation for a development permit for impacts they might be having on the shoreline. The pending legislation is certainly not perfect but is hoped to be a tool to use for these types of scenarios. Staff inquired about the possibility the Department of Ecology would work with them to come up with some flexible ways to address these kinds of scenarios. Emerging issues for the SMP include: 1) Council will have the chance to discuss the Citizen's Alliance for Property Rights v. King County lawsuit. 2) Staff is still evaluating the new FEMA maps and biological opinion issued by the NMFS to determine how they affect the City's program. Some SMP changes may be needed. 3) Department of Ecology comments and differences in interpretation of existing law The next steps in the SMP approval process included: 1) An open house on Wednesday, March 25 2) A public hearing during the Monday, April 20 City Council meeting 3) Continued COW briefings during April and May City Council meetings 4) Possible Council adoption as early as June 2009 Once the Council adopts the draft Shoreline Master Program, it is not considered adopted until review and approval by the Department of Ecology, which might have concerns or suggestions for changes prior to approval. Implementation of the program would follow Department of Ecology approval. Councilmember Robertson inquired if there was a colored key -code for the different colored items in the binders provided. Ms. Lumb indicated a colored key -code would be provided to the Council. Councilmember Robertson inquired about the "Continued Committee of the Whole Briefing" comment. It was his understanding the meetings would be more in the nature of a work session with Council, where staff would not brief the Council, but rather be there to answer Council questions. Ms. Lumb answered in the affirmative. Councilmember Robertson inquired about a timeline for the Department of Ecology and how they will respond after the Council has voted in June. Ms. Lumb indicated staff expects a four to six month review period, depending on what other review projects the Department is working on. The deadline for adopting a shoreline master program is December 1, 2009. Tukwila's deadline is earlier due to grant monies the City received. Tukwila City Council Committee of the Whole Minutes March 23, 2009 Page 7 of 8 Councilmember Robertson indicated the implementation schedule would also depend on Department of Ecology comments. Ms. Lumb confirmed that any work would depend on their comments and solutions. Councilmember Robertson asked if the comment cycle would continue to repeat over and over again as changes are made. Ms. Lumb indicated staff is working to limit the cycle to one set of comments and changes. Staff is currently working with the Department of Ecology to sort out the issues and solve them in advance. REPORTS a. Mayor Mayor Haggerton attended the National League of Cities Conference in Washington D.C. March 16 through March 18, 2009. Current events scheduled for Saturday, March 28, 2009 include: the Tukwila Pantry Bowl -A -Thon, the first Howard Hanson Dam meeting at Foster High School from 1:00 p.m. to 3:00 p.m., and the City Clerk's Office will be participating in Passport Day in the USA from 10:00 a.m. until 3:00 p.m. at City Hall. b. City Council Councilmember Duffie attended the National League of Cities Conference in Washington D.C. on March 15 through March 18, 2009. Councilmember Duffie thanked the staff, Council Analyst and Mayor for the opportunity to attend the conference and speak with our legislators face to face. Councilmember Griffin attended the National League of Cities Conference in Washington D.C. on March 15 through March 18, 2009. Councilmember Hougardy attended the Highway 99 Action Committee meeting on March 10, 2009. Councilmember Quinn attended the Highway 99 Action Committee meeting on March 10, 2009. Council President Hernandez attended the Lodging Tax Advisory Committee meeting on March 12, 2009. She also attended the National League of Cities Conference in Washington D.C. on March 15 through March 18, 2009. c. Staff There was no report. 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 indicated the Council received a March 6, 2009 letter from Ralph Shape, the City of SeaTac's Mayor, regarding a Joint Cooperation Agreement. Mr. Robertson inquired as to the status of the request, and if this item would be discussed during a Council meeting. Kimberly Matej, Council Analyst, stated the letter was addressed to Mayor Haggerton from Mayor Shape, and courtesy copies were provided to the Council. Mayor Haggerton stated, that subject to Council support, he is prepared to respond to Mayor Shape's request. Tukwila City Council Committee of the Whole Minutes March 23, 2009 Page 8 of 8 Councilmember Griffin indicated she did respond to Mayor Haggerton indicating her support of a Cooperation Agreement. ADJOURNMENT 9:00 p.m. COUNCIL PRESIDENT HERNANDEZ DECLARED THE COMMITTEE OF THE WHOLE MEETING ADJOURNED TO CONVENE A SPECIAL MEETING. JoarYHernandez, Council President '4)-IGIA95-,__ di-4(4 Minutes prepared by Lady of Letters, Inc. Reviewed by Melissa Hart, Deputy City Clerk