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HomeMy WebLinkAbout2009-09-21 Regular MinutesCITY OFFICIALS Tukwila City Council City Hall Council Chambers CALL TO ORDER /PLEDGE OF ALLEGIANCE /ROLL CALL ROLL CALL SPECIAL PRESENTATIONS MINUTES Year Percent of students who stayed 4 th through 10 grade 2006 36% 2007 30% 2008 31% 2009 31% 2010 34% anticipated 2011 30% anticipated Regular Meeting September 21, 2009 7:00 P.M. Mayor Haggerton called the Regular Meeting of the Tukwila City Council to order at 7:06 p.m. and led the audience in the Pledge of Allegiance. Christy O'Flaherty, City Clerk, called the roll of the Council. Present were Councilmembers Joe Duffie, Joan Hernandez, Pam Linder, Dennis Robertson, Verna Griffin, Kathy Hougardy, De'Sean Quinn. Rhonda Berry, City Administrator; Steve Victor, Assistant City Attorney; Shawn Hunstock, Finance Director; Peggy McCarthy, Deputy Finance Director; Bob Giberson, Interim Public Works Director; Frank Iriarte, Deputy Public Works Director; Cyndy Knighton, Senior Engineer; Jack Pace, Community Development Director; Mike Villa, Assistant Police Chief; Derek Speck, Economic Development Administrator; Katherine Kertzman, Tourism Manager; Mary Miotke, Information Technology Director; Kimberly Matej, Council Analyst; Christy O'Flaherty, City Clerk. a. Washington Finance Officers Association (WFOA) Professional Finance Officer's Award to Shawn Hunstock, Finance Director Mayor Haggerton read a letter from the Washington Finance Officers Association recognizing Shawn Hunstock, Finance Director, for ongoing professional excellence for the period 2007 -2009. The Mayor acknowledged Mr. Hunstock for his accomplishments and noted the award is well- deserved. b. Tukwila School District English Language Learners Program Dave Larson, Program Director Dave Larson, Director for the English Language Learners Program, utilized a Powerpoint presentation to update the Council on the program and its impacts to the students. Mr. Larson explained that many students in the district do not stay within the district for the duration of their education. This presents challenges for the district, as there are also many students who take advantage of the free and reduced lunch program. The district is also behind other area districts regarding the availability of technology to teachers and students in the classroom. Mr. Larson referenced recent news articles and indicated that Tukwila was found to be the most diverse district in the United States (New York Times, 4/22/09). This diversity makes the English Language Learners Program an essential component of the curriculum. Tukwila City Council Regular Meeting Minutes September 21, 2009 Page 2 of 8 Students who participate in the program and attain basic proficiency can then benefit in the classroom. Those students then go on to meet or exceed, not only the district average, but in some cases the state average. They also perform well and pass the Washington Assessment of Student Learning (WASL) test. Mr. Larson introduced 3 students who participate in the English Language Learners Program: Helber from Burma /Thailand Maryam from Afghanistan Shillah from Afghanistan Each of the students recounted their experiences and the extreme challenges they faced in leaving their homelands under dire circumstances. They expressed appreciation for the opportunities that have been made available to them. Ethelda Burke, Superintendent of the Tukwila School District, complimented Mr. Larson on his diligence and commitment to the program and thanked the Mayor and City Council for their support. The Mayor and Councilmembers also thanked Mr. Larson for his work with the English Language Learners and expressed appreciation to the students for sharing their personal experiences. PROCLAMATIONS A proclamation declaring September 26, 2009 as Mayor's Day of Concern for the Hungry Mayor Haggerton read a proclamation declaring September 26, 2009 as the Mayor's Day of Concern for the Hungry in the City of Tukwila and encouraged all citizens to join the Emergency Feeding Program and our food banks to nourish those who are hungry. Councilmember Griffin indicated that approximately 50 Foster High School students will have food barrels at the Tukwila Trading Company and the Fred Meyer store in Burien to assist with this effort. CITIZEN COMMENTS There were no citizen comments. CONSENT AGENDA Approval of Vouchers #348977 #349189 and #200909211 4200909212 in the amount of $2,726,317.73. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED 7 -0. BID AWARDS Award a contract to Nordic Construction for the Macadam Road Bridge Soffit Repairs project in the amount of $39,198.00. MOVED BY QUINN, SECONDED BY GRIFFIN, TO AWARD A CONTRACT TO NORDIC CONSTRUCTION FOR THE MACADAM ROAD BRIDGE SOFFIT REPAIRS PROJECT IN THE AMOUNT OF $39,198.00. MOTION CARRIED 7 -0. PUBLIC HEARINGS A resolution declaring the intent of the City Council to consider the formation of a Local Improvement District (LID) to be known as Local Improvement District No. 33 for the purpose of improving urban access for the Southcenter area; and setting a public hearing date to consider the formation of Local Improvement District No. 33 7:48 p.m. Mayor Haggerton opened the public hearing and asked for a staff update Tukwila City Council Regular Meeting Minutes September 21, 2009 Page 3 of 8 Cyndy Knighton, Senior Engineer, used a Powerpoint presentation to provide an update regarding the proposed Local Improvement District. In the 1990's, the Southcenter area was designated as an Urban Center through the City's Comprehensive Plan. This project will involve a grade- separated facility that will impact the Urban Center and includes a partial lid. It will provide additional capacity for better traffic flow, improved pedestrian facilities, and a new signal with ITS elements. There were approximately 170,000 vehicles per day coming into the Urban Center in the year 2000, and 251,000 are anticipated in the year 2020. There are 9 access points to the Southcenter area, and this project carries about 25% of all trips into and out of the Southcenter area. The total anticipated cost of this project is $23,343,000. There are secured funds available for the project in the amount of $16,843,000 by way of City funds, impact fees, and state and federal grants. The additional amount needed is approximately $6,500,000, which would come from the affected property owners by way of this LID. There are approximately 140 unique property owners, and their assessment would be based on the benefit to their property (nearby properties have higher benefits; those further away have lower benefits). The cost benefit ratio is anticipated to be $1.00 in benefits for every $.24 assessed. Ms. Knighton distributed copies of the preliminary assessment roll to the Council and indicated that notifications will be mailed to taxpayers of record. Payment options will be to pay in full within 30 days of the final assessment with no interest, or to amortize the cost, to include interest, over a period of time, such as 15 years. If the Council chooses to form the LID, the project will be constructed in 2010. If the project does not go to construction in 2010, approximately $8 million in grant funding will need to be refunded. Additionally, the impact fees that have been collected since 2006 for this project will need to be refunded. Approximately $10.5 million is at risk if the funding gap is not filled. Steve Victor, Assistant City Attorney, explained this is a preliminary step and part of the extensive public notice process associated with the LID. If the costs come in lower for the LID or if additional funding is acquired, the affected property owners will benefit from the reduced costs. At the time the project is complete, it is the actual cost that will go to bond and be assessed to the property owners. The Mayor called for public comments. Christy O'Flaherty, City Clerk, referenced a 3 -page letter from Brent Carson of the GordenDerr Law Offices dated September 9, 2009. The letter references the Tukwila Urban Center Access (Klickitat) project and is on behalf of WEA Southcenter LLC (Westfield), owner of the Southcenter Mall. A copy of the letter was distributed to the Mayor, City Council, City Administrator, and City Attorney. Nicholas Lee, representing Westfield Southcenter, indicated they are not protesting the LID. Reading from portions of the referenced letter, he would like the Council to address whether any benefits that may be derived from this very expensive traffic project are worth the significant costs that will be imposed on Tukwila property owners and their tenants, particularly in these challenging economic times. Mr. Lee indicated that Westfield was a participant in the earliest design of the Klickitat project and expressed the need for a lower cost solution to address the Southcenter Parkway and Strander Boulevard intersection. Other alternatives could make noticeable improvements and at far less cost than the grade separated solution in the City's final design. The high cost design selected by the City engineers will not even address all of the challenges noted in the City's own traffic analyses. In addition to the significant economic burden of assessments, Mr. Lee stated the construction of the Klickitat project will cause serious traffic disruptions in the area. They recognize this will be a relatively short -term impact, projected by staff to last 10 months and to avoid the key holiday shopping season. Such disruptions coming at the height of an economic recession will place burdens on retailers. Every effort must be made by the City to work with Westfield and others in the area to reduce, to the maximum extent possible, the duration and extent of any disruptions. Tukwila City Council Regular Meeting Minutes September 21, 2009 Page 4 of 8 John Radovich, 2835 82 SE, Mercer Island, indicated he owns the empty lot next to Kinkos and across from Lowes. He questions the benefit he would gain from this project, and he would like traffic count information in that area. He doubts that people coming to his property would approach it from the proposed access point. He would also like to see definitions regarding the benefit ratio of $1.00 in benefits for every $.24 spent in assessments. In his view, 20% is a very hefty design fee, and it is flagrant to spend $30 million to fix something that does not need to be fixed that badly, especially in tough economic times. It would be nobler for the City to not take the federal funding and to help the students in local schools. 8:22 p.m. Mayor Haggerton closed the public hearing UNFINISHED BUSINESS a. A resolution declaring the intent to consider the formation of a Local Improvement District to be known as Local Improvement District No. 33, for the purpose of improving urban access for the Southcenter Area and setting a public hearing date to consider formation of the LID A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING THE INTENT OF THE CITY COUNCIL TO CONSIDER THE FORMATION OF A LOCAL IMPROVEMENT DISTRICT, TO BE KNOWN AS LOCAL IMPROVEMENT DISTRICT NO. 33, FOR THE PURPOSE OF IMPROVING URBAN ACCESS FOR THE SOUTHCENTER AREA; AND SETTING A PUBLIC HEARING DATE TO CONSIDER THE FORMATION OF LOCAL IMPROVEMENT DISTRICT NO. 33. MOVED BY QUINN, SECONDED BY GRIFFIN THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Christy O'Flaherty, City Clerk, read the proposed resolution by title only. MOVED BY DUFFIE, SECONDED BY QUINN THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ.* Council President Hernandez indicated there are some prominent businesses that are not apparent on the preliminary assessment roll list. Cyndy Knighton, Senior Engineer, explained this is the most up -to -date information available at this time. Property owners do change, and there have also been some parcel number changes. It is the City's obligation to find the property owners and provide them required information regarding the assessments. Councilmember Linder asked how long the City has been looking at this project. Ms. Knighton indicated the City began work on this project in 2002. Councilmember Duffie asked what the process is for owners who are opposed to the LID. Steve Victor, Assistant City Attorney, explained that owners have an opportunity to protest the formation of the LID, the amount of the assessments, and the methods used to determine the benefits. This resolution is a preliminary step that creates the notice to consider the LID, and the Council is not obligated to create an LID by passing this resolution. Councilmember Quinn inquired about the bidding climate and the timeline for construction. Ms. Knighton explained that due to the economic downturn, the bidding climate is better now than it was in 2007. The demands for steel, oil and copper are down, which makes the bidding climate good at this time. The intent is to award a contract early next year and for the project to be completed by mid November of 2010. They would then finalize the project costs, and final assessments would be mailed out in 2011. Tukwila City Council Regular Meeting Minutes September 21, 2009 Page 5 of 8 *MOTION CARRIED 7 -0 TO ADOPT RESOLUTION NUMBER 1690. b. An ordinance adopting the 2006 State Building Code and the Washington Cities Electrical Code and establishing authority for hearing related appeals AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2121, 2157 AND 2171, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 16.04, "BUILDINGS AND CONSTRUCTION," ADOPTING THE 2006 STATE BUILDING CODE, AND THE WASHINGTON CITIES ELECTRICAL CODE; ESTABLISHING AUTHORITY FOR HEARING RELATED APPEALS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY GRIFFIN, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. MOVED BY DUFFIE, SECONDED BY LINDER THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2249. c. Authorize the Mayor to accept the United States Department of Justice COPS grant in the amount of $928,308.00, to include a City contribution of $1,014,444.00, over the next 4 years MOVED BY LINDER, SECONDED BY DUFFIE TO AUTHORIZE THE MAYOR TO ACCEPT THE UNITED STATES DEPARTMENT OF JUSTICE COPS GRANT IN THE AMOUNT OF $928,308.00, TO INCLUDE A CITY CONTRIBUTION OF $1,014,444.00 OVER THE NEXT 4 YEARS.* Councilmember Linder indicated she was not in attendance last week when this issue was considered at the Committee of the Whole meeting. She emphasized that while this is a great deal of money, acceptance of the grant has been endorsed by City Administration and the Finance Director. When she became a Councilmember in 1996, there were 68 officers in the Police Department. The City has seen significant growth and expansion in the Urban Center since that time, and 14 years later, the City still has 68 officers. It is prudent for the City to accept the grant to provide necessary police protection in the City. Council President Hernandez clarified that the City's contribution for 2010 is $288,485.00 to pay associated costs for the officers (vehicles, equipment, supplies). *MOTION CARRIED 7 -0. d. A resolution declaring the property located at 5829 South 140 Street in Tukwila as surplus A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING THE PROPERTY LOCATED AT 5829 SOUTH 140TH STREET IN TUKWILA AS SURPLUS. MOVED BY HOUGARDY, SECONDED BY GRIFFIN THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Christy O'Flaherty, City Clerk, read the proposed resolution by title only. MOVED BY DUFFIE, SECONDED BY LINDER THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT RESOLUTION NUMBER 1691. e. Authorize the Mayor to sign an Interlocal Agreement with the King County Flood Control Zone District for the opportunity to fund projects Tukwila City Council Regular Meeting Minutes September 21, 2009 Page 6 of 8 MOVED BY HOUGARDY, SECONDED BY GRIFFIN TO AUTHORIZE THE MAYOR TO SIGN AN INTERLOCAL AGREEMENT WITH THE KING COUNTY FLOOD CONTROL ZONE DISTRICT FOR THE OPPORTUNITY TO FUND PROJECTS. MOTION CARRIED 7 -0. f. An ordinance establishing new regulations regarding solid waste utility tax AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING NEW REGULATIONS REGARDING SOLID WASTE UTILITY TAX; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY DUFFIE, SECONDED BY LINDER THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. MOVED BY LINDER, SECONDED BY GRIFFIN THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* Council President Hernandez indicated that 140 other members of the Association of Washington Cities have implemented this type of tax, and it is something the Council has not considered up until this time. Councilmember Linder conveyed that in light of these economic times, it is necessary for the Council to consider alternative revenue sources. It can be problematic when the City neglects to pass on legitimate charges that other agencies pass on to the City. Some years ago, the City raised surface water fees in response to higher charges passed on to Tukwila from Seattle. However, since the City had not charged customers the fees consistently over time, it was a shock to the citizens when the fees were increased. Councilmember Quinn indicated he had asked that a sunset clause be considered and inquired if that had been investigated. Shawn Hunstock, Finance Director, explained that #3 was added to page 2 of the ordinance, Section 3.51.020 to read: "3. The City Council shall periodically reconsider the need for a Solid Waste Utility Tax given current economic conditions." The tax can also be re- examined as part of the City's biennial budget process. Council President Hernandez asked if October 1, 2009 is a reasonable start time. Mr. Hunstock stated the provider would need 30 days notice, which would push the start date to November 1, 2009 at the earliest. Eric Elfstrom, 14201 42 Avenue South, questioned the fairness of a tax that would only affect a certain group of people. He works at an apartment complex on 42 Avenue South, and the complex is dealing with excessive illegal dumping. With the proposed tax, his complex will be paying more for the removal of the illegally dumped items. He feels the City is going downhill with regard to the use of money, and the City keeps raising taxes. Rhonda Berry, City Administrator, explained that when the City receives a report of illegal dumping on public property, an attempt is made to find anything identifiable to trace to a particular address. In most cases, people will say they paid someone to take their trash away, and once they have paid, they are unaware that it may have been dumped illegally. On private property, it is up to the property owners to abide by the codes regarding dumpsters, screening, and overflow. Unfortunately, sometimes the property owners are victims and that becomes a civil matter between citizens. Councilmember Robertson said the City could consider implementing mandatory garbage pickup in the City. Additionally, there is no guarantee that people dumping garbage illegally in the City are Tukwila citizens. Tukwila City Council Regular Meeting Minutes September 21, 2009 Page 7 of 8 Councilmember Quinn indicated implementation of this tax is consistent with our neighbors and will provide opportunities for service to the community. *MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2250. g. Approve the relocation of the offices of Seattle Southside Visitor Information Services to 3100 South 176 Street, SeaTac, Washington MOVED BY LINDER, SECONDED BY QUINN TO APPROVE THE RELOCATION OF THE OFFICES OF SEATTLE SOUTHSIDE VISITOR INFORMATION SERVICES TO 3100 SOUTH 176 STREET, SEATAC, WASHINGTON.* Councilmember Linder indicated she was not in attendance last week when this issue was considered at the Committee of the Whole meeting. She expressed that relocation of SSVS will enhance our partnership with the City of SeaTac. It is also notable that Tukwila's Lodging Tax Advisory Board supports the move to SeaTac. Councilmember Robertson reiterated that the decision being asked of Council this evening is to approve relocation of the offices to SeaTac and not approval of a lease. Derek Speck, Economic Development Administrator, explained that a draft lease will be presented to the Finance and Safety Committee meeting on September 22, 2009. Councilmember Linder, Chair of the Finance and Safety Committee, suggested that since the lease will be in draft form for the Committee, it would be best to bring the final lease to the full Council on September 28, 2009. Council consensus existed to forego sending a draft lease to the September 22, 2009 Finance and Safety Committee meeting. The final lease will be considered at the September 28, 2009 Committee of the Whole meeting. *MOTION CARRIED 7 -0. REPORTS a. Mayor Mayor Haggerton attended the King County Executive Candidates Forum at the Embassy Suites on September 16, 2009. He reported that letters have gone out notifying citizens of community meetings regarding the Howard Hanson Dam and potential flooding. There will be 2 meetings on September 30, and 1 on October 7, October 10, and October 14. The notices have also been translated into Spanish and will be distributed. b. City Council Council President Hernandez attended the King County Executive Candidates forum at the Embassy Suites on September 16, 2009. She also attended the Tukwila Historical Society meeting on September 17, 2009. c. Staff There was no report. d. City Attorney There was no report. Tukwila City Council Regular Meeting Minutes September 21, 2009 Page 8 of 8 e. Intergovernmental Kimberly Matej, Council Analyst, reminded the Council of the Shoreline Master Program work session at 6:00 p.m. on September 23, 2009 and the Budget Workshop at 6:00 p.m. on September 29, 2009. MISCELLANEOUS Councilmember Robertson referenced an article in the Rental Housing News Journal regarding the City of Everett's proposed legislation regarding inspections for problem properties. He would like to see the City investigate this issue and hopes staff and the Community Affairs and Parks Committee can look into the matter. Council President Hernandez indicated that Homesight will be sponsoring free, first -time homebuyer educational sessions at the Foster Tukwila Presbyterian Church on Tuesdays beginning September 29, 2009 from 6:00 -7:30 p.m. ADJOURNMENT 9:16 p.m. MOVED BY DUFFIE, SECONDED BY QUINN THAT THE TUKWILA CITY COUNCIL MEETING BE ADJOURNED. MOTION CARRIED 7 -0. Ji aggerton, at Christy O'Flaherty', City Clerk APPROVED BY THE CITY COUNCIL: 10/5/2009