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Home My WebLink About2017-11-20 Regular MinutesTukwila City Council City Hall Council Chambers MINUTES REGULAR MEETING CALL TO ORDER/PLEDGE OF ALLEGIANCE/ROLL CALL Regular Meeting November 20, 2017 — 7:00 P.M. Mayor Ekberg called the Regular Meeting of the Tukwila City Council to order at 7:02 p.m. and led the audience in the Pledge of Allegiance. ROLL CALL Andy Youn, Deputy City Clerk, called the roll of the Council. Present were Councilmembers Joe Duffie, Dennis Robertson, Verna Seal, Kathy Hougardy, De'Sean Quinn, Kate Kruller, Thomas McLeod. CITY OFFICIALS Allan Ekberg, Mayor; David Cline, City Administrator; Rachel Turpin; City Attorney; Rachel Bianchi, Communications and Government Relations Manager; Jay Wittwer, Fire Chief; Rick Still, Parks and Recreation Director; Jack Pace, Community Development Director; Robin Tischmak, Acting Public Works Director; Peggy McCarthy, Finance Director; Vicky Carlsen, Deputy Finance Director; Laurel Humphrey, Council Analyst, Andy Youn, Deputy City Clerk. AGENDA AMENDMENT MOVED BY ROBERTSON, SECONDED BY HOUGARDY TO AMEND THE AGENDA TO ADD "AN UPDATE ON THE PROGRAM MANAGEMENT QUALITY ASSURANCE (PMQA) REPORT FOR THE PUBLIC SAFETY PLAN BY STEVE GOLDBLATT" AS ITEM A UNDER UNFINISHED BUSINESS. MOTION CARRIED 7-0. APPOINTMENTS a. Confirm the reappointment of Kimberly Walden to the position of Municipal Court Judge, with a term expiring 12/31/2021. MOVED BY QUINN, SECONDED BY KRULLER TO CONFIRM THE REAPPOINTMENT OF KIMBERLY WALDEN TO THE POSITION OF MUNICIPAL COURT JUDGE, WITH A TERM EXPIRING 12/31/2021.* The Councilmembers and Mayor thanked Judge Walden for her contributions to the Municipal Court and the City. The Tukwila Court has a strong reputation throughout the region as a result of Judge Walden's leadership. Judge Walden thanked the Council for the continued opportunity to serve this municipality and administration. She expressed appreciation for the staff in the Court and commended Trish Kinlow, Court Administrator, for representing the City in state and national committees. Judge Walden relayed that she is excited about new innovations the Court will be introducing and is looking forward to the completion of the Justice Center. *MOTION CARRIED 7-0. b. Oath of Office administered by Mayor Ekberg. Mayor Ekberg administered the Oath of Office to Judge Walden. PUBLIC COMMENTS There were no public comments. Tukwila City Council Regular Meeting Minutes November 20, 2017 Page 2 of 8 CONSENT AGENDA a. Approval of Minutes: 11/6/17 (Regular) b. Approval of Vouchers #376314-376430; #171101-171103 in the amount of $3,335,800.00 c. Authorize the Mayor to sign Amendment No. 1 to a Memorandum of Agreement (#08-106) with Pierce County for the Washington State Task Force 1 for FEMA Urban Search and Rescue. [Reviewed and forwarded to Consent by the Public Safety Committee on 11/6/17.] d. Authorize the Mayor to sign a grant agreement with the State of Washington Office of Public Defense for investigator, interpreter and social work services in the amount of $74,000.00. [Reviewed and forwarded to Consent by the Finance Committee on 11/7/17.] e. A resolution revising the previously adopted Financial Reserve Policy to eliminate the effects of GASB 68 for purposes of calculating the unrestricted balances of the Enterprise Funds, and repealing Resolution No. 1861. RESOLUTION NO. 1919 [Reviewed and forwarded to Consent by the Finance Committee on 11/7/17.] f. Property tax legislation: (1) An ordinance increasing the regular property tax levy one percent from the previous year commencing January 1, 2018, on all property, both real and personal in compliance with RCW 84.55.120. ORDINANCE NO. 2555 (2) An ordinance levying the general taxes for the fiscal year commencing January 1, 2018, on all property, both real and personal that is subject to taxation for the purpose of paying sufficient revenue to carry on the services of the several departments of said City for the ensuing year, with an excess property tax levy for the purpose of paying debt service on the City's Unlimited Tax General Obligation Bonds issued in 2016. ORDINANCE NO. 2556 [Reviewed and forwarded to Consent by the Committee of the Whole on 11/13/17.] g. An ordinance amending Ordinance No. 2515, which adopted and amended the City of Tukwila's biennial budget for the 2017-2018 biennium to adopt an amended mid -biennium budget. ORDINANCE NO. 2557 [Reviewed and forwarded to Consent by the Committee of the Whole on 11/13/17.] h. Due diligence contracts related to the Public Safety Plan: (1) Authorize the Mayor to sign Amendment No. 1 to contract #17-167 with Sound Earth Strategies, Inc., for environmental evaluation services related to the Public Safety Plan in an amount not to exceed $126,937.00 (including estimated expenses). (2) Authorize the Mayor to sign an agreement with Bush Roed & Hitchings, Inc., for site survey services related to the Public Safety Plan in an amount not to exceed $57,400.00 (including estimated expenses). (3) Authorize the Mayor to sign an agreement with Shannon and Wilson for geo-technical evaluation services related to the Public Safety Plan in an amount not to exceed $40,000.00 (including estimated expenses). [Reviewed and forwarded to Consent by the Committee of the Whole on 11/13/17.] i. Authorize the Mayor to sign an agreement with Lydig Construction Company for GC/CM (General Contractor Construction Management) for the Public Safety Plan in an amount not to exceed $372,000.00. [Reviewed and forwarded to Consent by the Committee of the Whole on 11/13/17.] j. A resolution adopting a Legislative Agenda for use during the 2018 Washington State legislative session. RESOLUTION NO. 1920 [Reviewed and forwarded to Consent by the Committee of the Whole on 11/13/17.] k. Authorize the Mayor to sign a WSDOT (Washington State Department of Transportation) grant award for a Non -Traditional Commute Trip Reduction (CTR) Pilot Program for 2017-2019 in the amount of $107,000.00. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 11/14/17.] I. Authorize the Mayor to sign an agreement with Carollo Engineers for the design of the Martin Luther King Jr. Way South Water Main Project in the amount of $69,967.00. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 11/14/17.] m. Authorize the Mayor to sign Amendment No. 1 to contract #17-070 with Otak, Inc., for the Riverton Creek Flapgate Removal Project Design in the amount of $39,993.00. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 11/14/17.] n. Authorize the Mayor to sign the Washington State Department of Ecology's Water Quality Stormwater Capacity Grant for the 2017-2019 biennium in the amount of $50,000.00. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 11/14/17.] Tukwila City Council Regular Meeting Minutes November 20, 2017 Page 3 of 8 MOVED BY DUFFIE, SECONDED BY ROBERTSON THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED.* Councilmember Seal, Chair of the Finance Committee, offered the following comments regarding the budget amendment ordinance. The budget amendment ordinance reflected an increase in both revenue and expenditure of $2,230,000 in the Urban Renewal fund. Upon further research, Finance staff found the transaction must be recorded in the Debt Service fund rather than the Urban Renewal fund. The revised ordinance and attachment A reflect this accounting transaction in the Debt Service fund. The bottom line stays the same; the fund it needed to be recorded to is the only change. For tracking purposes, this is reference #27 in the original Exhibit A, page 4, and is reference #34, page 4 of the updated Exhibit A. Vicky Carlsen, Deputy Finance Director, came forward and answered a question from Councilmember Kruller regarding the change to the budget amendment ordinance. She explained that the budget amendment as presented at the last meeting had a transaction to refund a line of credit and issue a new debt to the Urban Renewal fund. City staff replaced this transaction and placed it into a Debt Service fund instead following research. There is no change to the dollar amount of the transaction. *MOTION CARRIED 7-0. UNFINISHED BUSINESS a. An update on the Program Management Quality Assurance (PMQA) Report for the Public Safety Plan by Steve Goldblatt (Per agenda amendment on Page 1) Steve Goldblatt, PMQA Consultant, stated he is present tonight to highlight two items from his monthly report for the Public Safety Plan. Mr. Goldblatt reported he's been spending much of his time obtaining General Contractor Construction Management (GC/CM) approval at the state level and working on GC/CM selection and contracting. The Project Executive Team has had a productive month. Mr. Goldblatt indicated he had updates from the Public Safety Committee meeting earlier tonight, following Councilmember McLeod's report. Councilmember McLeod stated the Public Safety Committee has discussed using the Project Labor Agreement (PLA)/Community Workforce Agreement (CWA) approach with Lydig, the Project Contractor on the Public Safety Plan. The Committee has also added an additional meeting on December 18, 2017 to get as much done before the end of the year as possible. Mr. McLeod expressed he is comfortable with the direction of the committee and emphasized they are taking extra steps to ensure they have good information and recommendations for the full Council. Mr. Goldblatt has recommended that the Public Safety Committee not pursue a formal Community Workforce Agreement because of the size of the fire station program and the stress it would cause to the budget. He feels the City can still accomplish most of its needs through a less formal approach. The December 18, 2017 Public Safety Committee meeting will go a long way in figuring out the next steps. Mr. Goldblatt also highlighted the yellow bulleted item from page 198 of the agenda packet from his monthly report, regarding project and program contingencies. He reiterated that without a budgeted program contingency, there will be pressure on all program element budgets for the life of the Plan. Staff have begun discussing how to approach the Plan's significant financial gap, and will be looking at all options in conjunction with the development of the 2019-2020 biennial budget. The Council will have some hard decisions to make, especially on the Justice Center. He noted the Council will receive a schematic design estimate for the fire stations in January, which will provide a clearer idea of their cost. This will be followed by a programmatic estimate for the Justice Center. The Councilmembers and Mayor thanked Mr. Goldblatt for his report. Tukwila City Council Regular Meeting Minutes November 20, 2017 Page 4 of 8 b. A legislative session preview by Jennifer Ziegler, City lobbyist Rachel Bianchi, Communications and Government Relations Manager, introduced Jennifer Ziegler, City lobbyist. Ms. Ziegler provided a brief background of this issue and stated that on June 30, 2017, the State Legislature passed a biennial budget and avoided a partial government shut -down. She utilized a Powerpoint presentation to provide a preview of the 2018 Legislative Session: Recent Developments • Senate Democrats obtained a one -vote majority based on the 2017 election results. Ms. Ziegler noted some key leadership changes to the Senate: Senator Christine Rolfes from Bainbridge Island was named as the Senate Ways & Means Committee chair. Senator Hobbes from Snohomish County was named as the Senate Transportation Committee chair. Senator Hasegawa is vice chairing two committees (Financial Institutions and Insurance, and Labor and Commerce). • No change to House membership. • Washington State Supreme Court heard oral arguments on K-12 Education Funding plan. Last week, the Supreme Court came out with their decision regarding this plan. They have ordered the state legislature to provide a plan for full funding of basic education in the state by September 1, 2018. The Court will retain jurisdiction over the $100,000 per day fine for violating the McCleary decision on funding education until the state Legislature is able to show it has complied with the order. • No action on Hirst decision or capital budget. Although the state Legislature adopted an operating budget on time, they did not adopt a capital budget. There has been significant disagreement on whether to address the Supreme Court decision on permit -exempt wells. 2018 Potential Legislative Issues • Education Funding and Revenue • Capital Budget • Hirst Decision • Other Potential Policy Issues • Affordable Housing, Homelessness and Mental Health Funding • Carbon Tax • Voting Rights Act • Sound Transit Motor Vehicle Excise Tax Valuation City of Tukwila Legislative Priorities • Fund the Strander Extension Project. • Provide future stable funding for homelessness by eliminating the sunset and increasing the document recording fee, as well as providing new local options. • Maintain existing Streamlined Sales Tax Mitigation payments. • Amend the law that limits annual property tax growth to one percent. • Continue to monitor the outcomes of the McCleary decision and legislatively adopted funding to ensure a benefit to Tukwila students. • Increase funding for law enforcement training. • Preserve lodging tax flexibility. Next Steps • Possibility of 4th special session. • December 5th legislative luncheon. • 60 -Day legislative session begins January 8, 2018. In response to questions regarding the 2018 legislative session, the following answers were provided by Ms. Ziegler: Tukwila City Council Regular Meeting Minutes November 20, 2017 Page 5 of 8 • There has been some conversation at the legislature about allowing small recreational marijuana home -grows, but Ms. Ziegler does not have more information at this time. She will follow up on this item. • The Association of Washington Cities (AWC) is implementing an executive advisory committee to help the Department of Revenue (DOR) determine the impacts of the Marketplace Fairness Act on jurisdictions receiving Streamlined Sales Tax Mitigation. The advisory committee will also study the offset for new revenues from internet sales tax for mitigation distributions. DOR will report to the legislature in November 2018 with a recommendation on mitigating impacts to jurisdictions that rely heavily on distribution centers and warehousing. • City staff is working with the County's Assessor's Office to understand how the property tax increase will affect Tukwila. • The Senate Energy, Environment & Telecommunications Committee is continuing to work on the issue of deploying small cell telecommunications technology in the rights of way and on publicly owned facilities. 7:55 pm Councilmember Quinn left the Council Chambers. 7:58 pm Councilmember Quinn returned to the Council Chambers. The Mayor and Councilmembers thanked Ms. Ziegler for her presentation. NEW BUSINESS a. Municipal Court Judge: (1) An ordinance amending Ordinance No. 2261, as codified at Tukwila Municipal Code Section 2.68.026, regarding the setting of salary for the Municipal Court Judge The Tukwila Municipal Code (TMC) section 2.68.025 and the Revised Code of Washington (RCW) stipulate that the judge's salary shall be fixed by ordinance. MOVED BY ROBERTSON, SECONDED BY SEAL THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 7-0. Andy Youn, Deputy City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2261, AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 2.68.026, REGARDING THE SETTING OF SALARY FOR THE MUNICIPAL COURT JUDGE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY DUFFIE, SECONDED BY QUINN THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* Councilmember Kruller asked for clarification on whether the salary has been increased since the prior year and if so, what the dollar amount of the change is. Council President Robertson referenced the 2017 and 2018 Salary Schedule outlined on page 179 of the agenda packet for purposes of calculating the municipal court judge's salary. *MOTION CARRIED 7-0, TO ADOPT ORDINANCE NUMBER 2558. (2) Authorize the Mayor to sign a contract with Kimberly Walden for Municipal Court Judge services from January 1, 2018 through December 31, 2021. MOVED BY ROBERTSON, SECONDED BY DUFFIE TO AUTHORIZE THE MAYOR TO SIGN A CONTRACT WITH KIMBERLY WALDEN FOR MUNICIPAL COURT JUDGE SERVICES FROM JANUARY 1, 2018 THROUGH DECEMBER 31, 2021.* Tukwila City Council Regular Meeting Minutes November 20, 2017 Page 6 of 8 Councilmember Seal indicated this item was discussed at the Finance Committee meeting on November 7, 2017. The committee members were unanimous in recommending approval. *MOTION CARRIED 7-0. REPORTS a. Mayor Mayor Ekberg invited the Council and residents to attend the Senior Thanksgiving Dinner at the Tukwila Community Center on November 21, 2017 at 11:00 AM through 1:00 PM. Mayor Ekberg attended the National League of Cities (NLC) 2017 City Summit from November 15 to November 18, 2017 in Charlotte, North Carolina. b. City Council Councilmember Duffie thanked the Council and City for the opportunity to attend the National League of Cities (NLC) 2017 City Summit from November 15 to November 18, 2017 in Charlotte, North Carolina. He enjoyed the robust discussions and workshops held at the Summit. Councilmember Hougardy attended a public meeting on the Ryan Hill neighborhood at the Tukwila Community Center on November 15, 2017. City staff presented three scenarios on how the City could redevelop Ryan Hill. Community members expressed interest and indicated they will pass along the information to their neighbors. Ms. Hougardy attended a Regional Transit Committee meeting on Metro Connects on November 15, 2017. She reported that intentional partnership is needed from Metro regarding initiatives such as RapidRide. Ms. Hougardy also attended a Valley View Sewer District Meeting on November 19, 2017, and reported they received a Community Development Block Grant from King County to cover 80% of the financing for the Loop Sewer Design project. Councilmember Quinn relayed there is value to the community when Councilmembers participate in regional committees and that it better positions the City to successfully address issues of importance to Tukwila. Councilmember Kruller attended the National League of Cities (NLC) 2017 City Summit from November 15 to November 18, 2017 in Charlotte, North Carolina. She relayed that Mayor Mark Stodola of Little Rock, Arkansas was elected as the 2018 president of NLC. In the Transportation and Infrastructure Services Committee meetings at the NLC Summit, tax reform was of great concern. Several members of the NLC have drafted a letter regarding tax reform to Congress, which she has forwarded to Laurel Humphrey, Council Analyst. She encouraged the Council to sign and support the letter. Ms. Kruller also shared some of the highlights from the NLC Summit, including sessions on diversity and inclusion. Councilmember McLeod attended the National League of Cities (NLC) 2017 City Summit from November 15 to November 18, 2017 in Charlotte, North Carolina. He shared that he is submitting an application to join the First Tier Suburbs Council, which represents member cities and town on the outskirts of central cities. He expressed that he found the NLC University's workshop on the RFP process to be informative. c. Staff David Cline, City Administrator, referenced the City Administrator (CA) Report and 2017-2018 Work Plan and 3rd Quarter Accomplishments in the packet and offered to answer any questions. d. City Attorney There was no report. e. Council Analyst Laurel Humphrey, Council Analyst, referenced the Program Management Quality Assurance (PMQA) report for the Public Safety Plan in the packet and offered to answer any questions. Tukwila City Council Regular Meeting Minutes November 20, 2017 Page 7 of 8 MISCELLANEOUS Councilmember Kruller conveyed that she has received letters relating to the November 6, 2017 Regular Meeting and asked what the City's policy was on recording receipt of these communications. Rachel Turpin, City Attorney, explained that a formal process is not necessary since the communications are public comments. The letters can be forwarded to Rachel Bianchi, Communications and Government Relations Manager. EXECUTIVE SESSION — 45 minutes Potential Property Acquisition — Pursuant to RCW 42.30.110(1)(b) Potential Litigation — Pursuant to RCW 42.30.110(1)(i) Collective Bargaining — Pursuant to RCW 42.30.140(4)(a) Mayor Ekberg announced the Council will now go into Executive Session to discuss: Potential Property Acquisition — Pursuant to RCW 42.30.110(1)(b) and Potential Litigation — Pursuant to RCW 42.30.110(1)(i) Collective Bargaining — Pursuant to RCW 42.30.140(4)(a) The discussion will last no more than 45 minutes, and no decisions will be made during the Executive Session. The Council will remain in the Council Chambers for this Executive Session After the Executive Session has concluded, the Council may want to take action in the Open Meeting under New Business as it relates to Potential Property Acquisition. The doors will be opened and the public invited to enter the Council Chambers for that discussion and potential action. 8:32 p.m. Mayor Ekberg called for a brief recess to allow the audience to exit the Council Chambers. Executive Session Start: 8:33 p.m. Attendees: Mayor Ekberg; David Cline, City Administrator; Rachel Turpin, City Attorney; Rachel Bianchi, Communications and Government Relations Manager; Rick Still, Parks and Recreation Director; DJ Baxter, Shiels Obletz Johnsen; Matt Anderson, Heartland, LLC; Stephanie Brown, Human Resources Director; Cabot Dow, City Negotiator; Laurel Humphrey, Council Analyst; Councilmembers Duffie, Robertson, Seal, Hougardy, Quinn, Kruller, and McLeod. Executive Session End: 9:10 p.m. 9:11 p.m. Mayor Ekberg reconvened the Regular Meeting. AGENDA AMENDMENT MOVED BY ROBERTSON, SECONDED BY KRULLER TO AMEND THE AGENDA TO ADD A NEW BUSINESS ITEM TITLED "PROPERTY ACQUISITION." MOTION CARRIED 7-0. NEW BUSINESS Property Acquisition MOVED BY ROBERTSON. SECONDED BY KRULLER TO AUTHORIZE THE MAYOR TO SIGN A REAL ESTATE PURCHASE AND SALE AGREEMENT WITH DAVID MICHAEL PALMER AND ALLAN D. LOUCKS, AS CO -PERSONAL REPRESENTATIVES OF THE ESTATE OF SUZANNE A. PALMER, DECEASED, AND NOT IN THEIR INDIVIDUAL CAPACITIES, TO ACQUIRE PROPERTY FOR THE PUBLIC SAFETY PLAN FACILITIES IN THE AMOUNT OF $880,000.00. MOTION CARRIED 7-0. ADJOURNMENT Tukwila City Council Regular Meeting Minutes November 20, 2017 Page 8 of 8 9:12 p.m. MOVED BY DUFFIE, SECONDED BY ROBERTSON TO ADJOURN THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL. OTION CARRIED 7-0. Allan Ekberg, Mayor Andy Youn, Deputy City Clerk APPROVED BY THE CITY COUNCIL: 12/4/17 AVAILABLE ON CITY WEBSITE: 12/5/17