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HomeMy WebLinkAbout2009-11-16 Regular MinutesTukwila City Council City Hall Council Chambers MINUTES Regular Meeting November 16, 2009 7:00 P.M. EXECUTIVE SESSION Pending Litigation Pursuant to RCW 42.30.110(1)(i) Settlement Agreement: Legacy Partners Condemnation (30 minutes) Attendees: Jim Haggerton, Mayor; Shelley Kerslake, City Attorney; Tukwila City Councilmembers, Joe Duffie, Joan Hernandez, Pam Linder, Dennis Robertson, Verna Griffin, Kathy Hougardy, De'Sean Quinn; Bob Giberson, Interim Public Works Director; Kimberly Matej, Council Analyst; Christy O'Flaherty, City Clerk. Start: 6:30 p.m. Mayor Haggerton announced the purpose of the Executive Session is to discuss Pending Litigation, pursuant to RCW 42.30.110(1)(i) Settlement Agreement: Legacy Partners Condemnation. It will last no more than 30 minutes, and no decisions will be made during the Executive Session. End: 6:40 p.m. CALL TO ORDER /PLEDGE OF ALLEGIANCE /ROLL CALL Mayor Haggerton called the Regular Meeting of the Tukwila City Council to order at 7:01 p.m. and led the audience in the Pledge of Allegiance. ROLL CALL 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. CITY OFFICIALS Jim Haggerton, Mayor; Rhonda Berry, City Administrator; Shelley Kerslake, City Attorney; Steve Victor, Assistant City Attorney; Shawn Hunstock, Finance Director; Jack Pace, Community Development Director; Bob Giberson, Interim Public Works Director; Cyndy Knighton, Senior Engineer; Gail Labanara, Public Works Analyst; Derek Speck, Economic Development Administrator; Lisa Verner, Project Manager; Kimberly Walden, Municipal Court Judge; Trish Kinlow, Court Administrator; Mary Miotke, Information Technology Director; Kimberly Matej, Council Analyst; Christy O'Flaherty, City Clerk. AMEND AGENDA MOVED BY HERNANDEZ, SECONDED BY LINDER TO AMEND THE AGENDA TO ADD SETTLEMENT OF THE MATTER OF CITY OF TUKWILA vs. LEGACY PARTNERS TO ITEM 8 UNDER NEW BUSINESS. MOTION CARRIED 7 -0. SPECIAL PRESENTATIONS Federal Lobbying Update Hal Hiemstra and Michelle Giguere, Representatives from Ball Janik, LLP Hal Hiemstra and Michelle Giguere from Ball Janik provided an overview of federal lobbying activities and opportunities for 2010. At the beginning of the current session of Congress, there was an expectation that in this session Congress would quickly enact an economic stimulus bill, get the annual appropriations back on a timely track, reauthorize the expiring six -year surface transportation bill, enact comprehensive health care legislation, address climate change legislation, and restructure the financial sector to ensure the financial Tukwila City Council Regular Meeting Minutes November 16, 2009 Page 2 of 8 meltdown of 2008 did not re- occur. While significant focus has been paid to health care debate, progress has been made on several fronts. Progress has been slower in terms of appropriations and the transportation reauthorization bill. During the 2010 session lobbying efforts will be directed toward issues involving transportation, economic stimulus funding, infrastructure funding, local policing, flood preparation, parks and recreation, federal policy, and telecommunications /broadband access /net neutrality. The Councilmembers indicated that attention should be paid to legislation involving flood preparation reimbursement, sewer infrastructure, funding for bridges, and a regional weather station. Mr. Hiemstra and Ms. Giguere indicated the City Council, Administration and staff are key players in lobbying efforts. Ball Janik is the City's representative in Washington DC, with the goal of providing early information about opportunities that would benefit Tukwila. Their understanding of the timing and document flow required for legislative matters aids in successful outcomes for the City. Mayor Haggerton referenced the importance of the work done by Ball Janik in Washington DC toward ensuring that Tukwila is in a position to take advantage of essential funding opportunities. The Councilmembers thanked Mr. Hiemstra and Ms. Giguere for the high level of service they provide for the City. PROCLAMATIONS /APPOINTMENTS a. Confirm reappointment of Kimberly Walden as Municipal Court Judge, with a term expiring 12/31/2013. MOVED BY HERNANDEZ, SECONDED BY GRIFFIN TO CONFIRM THE REAPPOINTMENT OF KIMBERLY WALDEN AS MUNICIPAL COURT JUDGE, WITH A TERM EXPIRING 12/31/2013. MOTION CARRIED 7 -0. Mayor Haggerton administered the Oath of Office to Judge Walden. The Councilmembers and Mayor thanked Judge Walden for the excellent contributions she has made to the Municipal Court. Judge Walden expressed her appreciation for the superior staff in the Court and thanked the Mayor and Council for the opportunity to serve the City. b. Appointments to Equity and Diversity Commission: 1. Confirm the appointment of Zakariya Palsha to Position #5 on the Equity and Diversity Commission, with a term to expire 07/31/2010. Mr. Palsha is the Vice Principal at Tukwila Elementary School, which has been noted as having one of the most diverse student bodies in the country. He brings a great deal of practical experience to the position. MOVED BY HERNANDEZ, SECONDED BY GRIFFIN TO CONFIRM THE APPOINTMENT OF ZAKARIYA PALSHA TO POSITION #5 ON THE EQUITY AND DIVERSITY COMMISSION, WITH A TERM TO EXPIRE 7/31/2010. MOTION CARRIED 7 -0. 2. Confirm the appointment of Carolyn Barge to Position #9 on the Equity and Diversity Commission, with a term to expire 07/31/2010. Ms. Barge has had a great deal of experience working with people from other cultures and has provided counseling services for the Tukwila School District. Her skills and expertise are an excellent fit for the Equity and Diversity Commission. Tukwila City Council Regular Meeting Minutes November 16, 2009 Page 3 of 8 MOVED BY GRIFFIN, SECONDED BY DUFFIE TO CONFIRM THE APPOINTMENT OF CAROLYN BARGE TO POSITION #9 ON THE EQUITY AND DIVERSITY COMMISSION, WITH A TERM TO EXPIRE 7/31/2010. MOTION CARRIED 7 -0. CITIZEN COMMENTS Joe Desimone, 5609 SW Manning Street, Seattle, has comments regarding the Shoreline Master Program (SMP). He is appreciative of the hard work done so far by the City, but he would also like to see a buffer reduction process implemented. He indicated a buffer reduction process is underway in the City of Auburn and is in the approval process by the Department of Ecology (DOE). Property owners are responsible for putting up the dollar amount and making a case for the reduction. The process involves scientists, City staff, and the Planning Director. He believes this process would provide a win -win situation for everyone. Mary Koontz, 13802 Military Road South, representing Neighbors without Borders, provided a packet of information for distribution to the Council. Recently a child was hit by a car while heading to Cascade Elementary School. She indicated this issue has been brought up several times since 2007, and no changes have been made to affect traffic in this area. While the child was not seriously injured, she would like to see changes made regarding traffic flow, layout of the driveway, and communication to parents of school children about the issues. She would also like a liaison from City staff to be assigned to provide information and answer questions. The Councilmembers thanked Ms. Koontz for providing this information. It was clarified that issues involving school crosswalks, adult supervision for crossing guards, and letters to parents of school children would need to be directed to the Tukwila School District. CONSENT AGENDA a. Approval of Minutes: 10/26/09 (Special); 11/2/09 (Regular) b. Approval of Vouchers #350000 350253 and #200911161- 200911162 in the amount of $1,812,984.61. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED 7 -0. PUBLIC HEARING An ordinance ordering the improvement of urban access for the Southcenter area, within the City, all in accordance with Resolution of Intention No. 1698; establishing the Klickitat Local Improvement District No. 33 and ordering the carrying out of the proposed improvement. 7:59 p.m. Mayor Haggerton opened the public hearing and requested a staff report. Cyndy Knighton, Senior Engineer, explained the ordinance before the City Council tonight is to establish the Local Improvement District (LID). This project includes a grade separated facility with partial lid, additional capacity for better traffic flow, improved pedestrian facilities, and new signal with ITS elements. The current cost of the project is $23,343,000. Funding from the City, grants, and impact fees will cover $16,843,000 of this amount. The remaining $6,500,000 in funding that will come from this LID. Ms. Knighton explained that delaying the project would mean current grant monies would need to be returned; some impact fees would also need to be returned; and there could be a 5% per year cost escalation on the project costs. Mayor Haggerton called for public comments. The City Clerk referenced a letter received on November 15, 2009 in the Public Works Department from Medical Centers, LLC at 411 Strander Boulevard, Suite 107 relative to the LID. The letter has been distributed to the Council, Mayor and City Administrator. Tukwila City Council Regular Meeting Minutes November 16, 2009 Page 4 of 8 Bruce Mitchell from Seattle, Washington is an owner of the Mitchell Moving and Storage property located south of South 180 Street and Southcenter Parkway. They have been there 41 years. He has concerns about the LID and the Tukwila South project occurring simultaneously due to the closures to Southcenter Parkway. This will mean limited north west access to Southcenter Parkway and will entirely cut off the route to 1 -5 that goes down Southcenter Parkway and Frager Road to Orillia Road. Mitchell Moving and Storage uses that route for all its truck traffic in an effort to keep the traffic out of the commercial area. He contacted various other businesses in the vicinity and was told they did not realize these projects would occur simultaneously, and cutting off the southern access would adversely impact their businesses. In this economically difficult time, this seems to favor future developments at the expense of businesses currently operating. He indicated he had not received notice of the street closure, and there have been ongoing problems regarding receipt of necessary notifications. Joe Johnson, Sizzler Restaurant, 16615 Southcenter Parkway, voiced concern over special assessments against businesses and the financial impacts. In the current economy, businesses are struggling to maintain their operations, and assessments such as this can represent a severe impact. They are very supportive of what is best for the community, and maybe there would be a better time to do this in the future. They do not feel this is beneficial to their business, and it is too hard to take on the assessment at this time. Jim Tutton, 930 South 336 Street, Suite B, Federal Way, is the Vice President of the Washington Trucking Association. He found out about this inadvertently when he was contacted by Mr. Mitchell. Closure of the southern portion of Southcenter Parkway near Frager Road will cause bottlenecks for freight movement. Large 75 -foot tractor trailers being re- routed for 18 months and mingling with shoppers will cause serious congestion. This will create additional costs by way of increased driver wages due to more travel times and fuel, which will be very difficult to absorb in a down economy. The trucking companies also use the public scale near 18800 Southcenter Parkway, and lack of accessibility will be extremely problematic and costly. Scott Creek, Crown Moving Company, 1071 Andover Park West, indicated they have approximately 25 trucks that come into and go out of Southcenter on a daily basis. The vehicles range from 40 feet up to 80 feet long. The Frager Road entrance into the area is used quite a bit, and the trucks are weighed at the Mitchell Moving and Storage location. If there are delays based on road closures, the other access points currently have congestion problems, and this will be problematic for their business. He also has concerns about potential flooding and closure of the South 180 bridge. That will leave only one street in the Southcenter area going toward 1 -5. This will be very burdensome to the company, and he would like to see alternate solutions. Andrew Ciarrocchi, 633 Southcenter Mall, is the General Manager for Westfield Southcenter. He would like to reinforce the need for continued collaboration with staff to mitigate traffic congestion if the LID is formed. It is important to have awareness of road closures and detour routes. Dick Landon, 401 Evans Black Drive, Big West Sign and Screen Printing Supply, indicated this project seems to be for the benefit of retail businesses. He asked the Council to be mindful of the wholesale industrial companies who do not benefit from increased retail traffic, yet do bear some of the burdens. This LID does not benefit their company, but the congestion will be awkward for all involved. Due to the recent issues regarding flooding, the money for the LID may be better spent on flood control mitigation for the whole community. 8:31 p.m. Mayor Haggerton closed the public hearing. UNFINISHED BUSINESS a. An ordinance ordering the improvement of urban access for the Southcenter area, within the City, all in accordance with Resolution of Intention No. 1698; establishing the Klickitat Local Improvement District No. 33 and ordering the carrying out of the proposed improvement. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ORDERING THE IMPROVEMENT OF URBAN ACCESS FOR THE SOUTHCENTER AREA, WITHIN THE CITY, ALL IN ACCORDANCE WITH RESOLUTION OF INTENTION NO. 1698; ESTABLISHING Tukwila City Council Regular Meeting Minutes November 16, 2009 Page 5 of 8 THE KLICKITAT LOCAL IMPROVEMENT DISTRICT (LID NO. 33) AND ORDERING THE CARRYING OUT OF THE PROPOSED IMPROVEMENT; DESCRIBING THE METHOD OF ASSESSMENT; PROVIDING THAT PAYMENT FOR THE IMPROVEMENT BE MADE BY SPECIAL ASSESSMENT UPON THE PROPERTY IN THE DISTRICT, PAYABLE BY THE MODE OF "PAYMENT BY BONDS AND PROVIDING FOR THE ISSUANCE AND SALE OF LOCAL IMPROVEMENT DISTRICT WARRANTS OR OTHER SHORT -TERM OBLIGATIONS REDEEMABLE IN CASH AND LOCAL IMPROVEMENT DISTRICT BONDS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY LINDER, 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. Cyndy Knighton, Senior Engineer, explained the question before the Council tonight is whether to form the Local Improvement District. If it is passed, we will then move to construction. In 2011 the final costs will be available and the final assessment roll will be provided. At that time the actual amount of the assessment for individual property owners will be determined. The final public hearing on the assessment roll will be conducted before the Hearing Examiner. Councilmember Quinn requested clarification as to how many notifications have gone out, as well as the opportunities for public comment. Ms. Knighton indicated she has given presentations on the LID to the Chamber of Commerce and the Tukwila Rotary Club multiple times in the last few years. There have also been workshops, open houses and meetings associated with the Tukwila South subarea plan. There were also 2 open house events held in August and September this year for businesses. There was a public hearing on the resolution of intent to form, and property owners were notified and postcards sent to businesses. The City did a second adoption of the resolution, and the same notification process was followed. Prior to this evening's public hearing, the same notification process was followed. In summary there have been 4 -5 mailings of approximately 1,000 postcards sent to area businesses. Additionally, there are approximately 140 unique property owners that were contacted by mail. The City is required to notify property owners at the address of the taxpayer of record, and the King County Assessor's Office information is used for those mailings. Additional addresses were also included as necessary. Ms. Knighton explained the construction for the LID is scheduled to begin in the spring of 2010, with the intention to contractually obligate the contractor to be complete no later than November 15, 2010. The Southcenter Parkway road closure is anticipated to be approximately 4 months and will likely occur in the summer. Mayor Haggerton inquired if the road would be closed during Christmas of 2010. Ms. Knighton indicated the LID project should not cause the road to be closed in December 2010. The Southcenter Parkway extension associated with the Tukwila South project is expected to last 18 months and may cause road closures during that period. Councilmember Robertson referenced page 24 of the Council packet and page 2 of the ordinance. Section 3 references the cost to be $10,500,000, when the cost of the project is $23,343,000. Steve Victor, Assistant City Attorney, explained that the cost referenced in Section 3 of the ordinance is just the cost to be borne by the Local Improvement District. He indicated language would be added to Section 3 to provide necessary clarity. Councilmember Robertson inquired as to the schedule for the Southcenter Parkway extension project. If these projects do occur simultaneously, there could be a variety of problems. Lisa Verner, Project Manager, conveyed that the Boundary Review Board has approved the Tukwila South annexation that is relevant to the Southcenter Parkway extension project. The bid is anticipated to go out in February 2010, with construction starting in late April /May 2010. This project and the LID work would be occurring at the same time. Tukwila City Council Regular Meeting Minutes November 16, 2009 Page 6 of 8 Councilmember Robertson suggested the schedule for the Southcenter Parkway extension project be discussed at the Transportation Committee meeting. There should also be discussion regarding the transportation impacts of the 2 projects occurring at the same time. Councilmember Quinn, Chair of the Transportation Committee, concurred that a detailed briefing is necessary. Councilmember Robertson requested clarification as to the assessments being tied to benefits to the property as opposed to the current use. Mr. Victor explained the assessments are based on benefits to the property and not to the particular use or business that is presently occupying the site. Councilmember Robertson indicated it appears the road closures will not be occurring during flood season. Ms. Knighton concurred and indicated it is intended the work be substantially complete by November 1, 2010 and no later than November 15, 2010, which is outside the normal flood season. Councilmember Hernandez inquired as to how much of Southcenter Parkway would be closed. Ms. Knighton explained it is a small section that will be closed, and every effort will be made to leave areas open whenever possible. However, closure of all lanes is necessary to shorten the construction period. Ms. Knighton also explained that the special benefit is based on the highest and best use of the potential of the property. The closer a business is located to the project, the higher the benefit, as traffic congestion is reduced. Councilmember Linder indicated it is important for the Council to look into the future to facilitate what is best for the entire City. It could be a detriment to the City to delay the LID, as it could be too expensive at a later date. The bidding climate would be different, and the City may not be able to recoup the grant funding. In her view a $1.00 return on the investment of 25 cents is good investment for the properties involved. Councilmember Duffie expressed support for further discussions to occur at the Transportation Committee meeting. Councilmember Robertson referenced the importance of those individuals who spoke at the public hearing this evening being invited to the Transportation Committee meeting. Ms. Knighton concurred. Councilmember Griffin inquired as to the process for challenging an assessment. Mr. Victor relayed that once the ordinance is adopted, a formal appeal could be filed. The calculations of the assessments and benefits can be appealed and would go before the Hearing Examiner. Councilmember Hougardy referenced the McDonald's Corporation, which would be significantly benefited from the LID and noted their assessment would be $196.00 per month. There are many businesses that have similar assessments that would benefit from the LID. These do not seem like extremely burdensome amounts for the benefits derived. MOVED BY LINDER, SECONDED BY GRIFFIN THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2260. 9:15 p.m. Mayor Haggerton declared a brief recess. 9:22 p.m. Mayor Haggerton reconvened the Regular Meeting. b. A resolution adopting a new Public Works Fee Schedule. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A NEW PUBLIC WORKS FEE SCHEDULE; AND REPEALING RESOLUTION NO. 1671. Tukwila City Council Regular Meeting Minutes November 16, 2009 Page 7 of 8 MOVED BY DUFFIE, SECONDED BY HERNANDEZ 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 1699. c. An ordinance regarding the setting of salary for the Municipal Court Judge. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE CHAPTER 2.68, "MUNICIPAL COURT," REGARDING THE SETTING OF SALARY FOR THE MUNICIPAL COURT JUDGE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY LINDER, SECONDED BY QUINN 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 HERNANDEZ THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2261. d. A resolution updating and clarifying the Non Represented Employees' compensation and adopting the salary schedule and benefits summary effective January 1, 2010. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING AND CLARIFYING THE NON REPRESENTED EMPLOYEES' COMPENSATION AND ADOPTING THE NON REPRESENTED SALARY SCHEDULE AND BENEFITS SUMMARY, EFFECTIVE JANUARY 1, 2010. MOVED BY LINDER, SECONDED BY DUFFIE 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 HERNANDEZ, SECONDED BY DUFFIE THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ.* MOVED BY LINDER, SECONDED BY GRIFFIN TO AMEND THE MOTION TO SELECT OPTION 1, WHICH GIVES ALL NON REPRESENTED EMPLOYEES A WAGE INCREASE. The Councilmembers discussed this issue and exchanged comments as follows: The importance of not having 48 staff members out of 350 bear the weight of the current budget situation; The necessity of recognizing the seriousness of the City's budget problem and that a savings of $127,000 is significant; The need to ensure that non represented employees' salaries be in alignment with union positions; The awareness that citizens and businesses are struggling during this economic period and sensitivity to the community is important; The need for responsiveness to the Mayor's recommendation of Option 3 to provide increases to technical and support staff and management/supervisory levels would not receive an increase; The suggestion that Option 2, to phase in increases for all non represented employees on a mid -year basis, would be a viable alternative; The option that the City Councilmembers could donate 2 months of their salary to provide increases to all non represented employees. Tukwila City Council Regular Meeting Minutes November 16, 2009 Page 8 of 8 *ROLL CALL VOTE ON THE AMENDMENT TO SELECT OPTION 1, WHICH GIVES ALL NON REPRESENTED EMPLOYEES A WAGE INCREASE. DUFFIE YES LINDER YES HERNANDEZ NO ROBERTSON NO GRIFFIN YES HOUGARDY NO QUINN NO MOTION FAILED 3 -4. *MOTION CARRIED 7 -0 TO ADOPT RESOLUTION NUMBER 1700. e. Authorize the Mayor to sign a contract with Ball Janik, LLP for 2010 Lobbying Services in the amount of $9,568.00 per month, plus expenses that shall not exceed $1,000.00 per month. MOVED BY LINDER, SECONDED BY DUFFIE TO AUTHORIZE THE MAYOR TO SIGN A CONTRACT WITH BALL JANIK, LLP FOR 2010 LOBBYING SERVICES IN THE AMOUNT OF $9,568.00 PER MONTH, PLUS EXPENSES THAT SHALL NOT EXCEED $1,000.00 PER MONTH. MOTION CARRIED 7 -0. NEW BUSINESS (Per Agenda Amendment on Page 1) Settlement of the matter of City of Tukwila vs. Legacy Partners, Cause Number 09 -2- 19459 -9KNT. MOVED BY HERNANDEZ, SECONDED BY GRIFFIN TO AUTHORIZE THE MAYOR TO SETTLE THE MATTER OF CITY OF TUKWILA vs. LEGACY PARTNERS, CAUSE NUMBER 09 -2- 19459 -9KNT IN THE AMOUNT OF $1,185,000.00 AND THE TERMS CONTAINED IN THE CR2A AGREEMENT. MOTION CARRIED 7 -0. REPORTS There was consensus to dispense with reports. Kimberly Matej, Council Analyst, reminded the Council of the Shoreline Master Program (SMP) meeting to be held in the Council Chambers tomorrow, November 17, 2009 at 6:00 p.m. ADJOURNMENT 10:10 p.m. MOVED BY DUFFIE, SECONDED BY QUINN THAT THE TUKWILA CITY COUNCIL MEETING BE ADJOURNED. MOTION CARRIED 7 -0. Christy O'FlahertkCity Clerk APPROVED BY THE CITY COUNCIL: 12/7/2009