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HomeMy WebLinkAbout2018-01-16 Regular MinutesTukwila City Council City Hall Council Chambers MINUTES REGULAR MEETING Regular Meeting January 16, 2018 — 7:00 P.M. EXECUTIVE SESSION —Potential Litigation and Pending Litigation— Pursuant to RCW 42.30.110(1)0) 60 minutes. Council President Seal announced the Council will now go into Executive Session to discuss: Potential Litigation and Pending Litigation — Pursuant to RCW 42.30.110(1)(i) The discussion will last no more than 60 minutes, and no decisions will be made during the Executive Session. Executive Session Start: 5:33 p.m. Attendees: Mayor Ekberg; David Cline, City Administrator; Kendra Comeau, Assistant City Attorney; Rachel Bianchi, Communications and Government Relations Manager; Derek Speck, Economic Development Administrator; Councilmembers Robertson, Seal, Hougardy, Quinn, Kruller, McLeod and Idan. 6:30 p.m. Mayor Ekberg announced in the lobby that the Executive Session would be extended for no more than 30 minutes. Executive Session End: 6:55 p.m. CALL TO ORDER/PLEDGE OF ALLEGIANCE/ROLL CALL Mayor Ekberg called the Regular Meeting of the Tukwila City Council to order at 7:04 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 Dennis Robertson, Kathy Hougardy, Verna Seal, De'Sean Quinn, Kate Kruller, Thomas McLeod, Zak Idan. CITY OFFICIALS Allan Ekberg, Mayor; David Cline, City Administrator; Kendra Comeau, Assistant City Attorney; Robin Tischmak, Acting Public Works Director; Stephanie Brown, Human Resources Director; Christy O'Flaherty, Records Governance Manager/City Clerk. APPOINTMENTS Confirm the appointment of Henry Hash to the position of Public Works Director. MOVED BY ROBERTSON, SECONDED BY HOUGARDY TO CONFIRM THE APPOINTMENT OF HENRY HASH TO THE POSITION OF PUBLIC WORKS DIRECTOR.* David Cline, City Administrator, introduced Henry Hash to the City Council. Mr. Hash has significant experience working with Public Works Departments to create cooperative teams, efficient service delivery and staff mentoring. The City is fortunate that he wants to join our team. He has a Bachelor's Degree in Civil Engineering from Roger Williams University, a Master's Degree in Public Administration from the University of Massachusetts, and a Master's Degree in Management from Lesley University. Tukwila City Council Regular Meeting Minutes January 16, 2018 Page 2 of 6 Mr. Hash expressed his pleasure at being here and is impressed with the projects the City has undertaken. He currently lives in Arizona and looks forward to returning to Washington State. Councilmember Quinn noted that he met Mr. Hash a year ago and is pleased that he is here in this capacity. Councilmember Robertson said he participated in the interview process, which was very thorough. All of the teams involved in the process selected Mr. Hash as the best choice for the position. *MOTION CARRIED 7-0. PUBLIC COMMENTS Simon Castle, 11210 Tukwila International Blvd., is the General Manager and part owner of Heiser Body Company. This is one of the properties up for condemnation for the Public Works facilities. He is a member of the Coalition for Fair Treatment of Tukwila Small Businesses. He feels this was a rushed process to avoid paying relocation benefits to the business owners. Their business is a union shop with union members in the audience. For the Council to let this happen is appalling and is in conflict with the City's motto of the "City of Opportunity." The City elected not to pay relocation benefits to businesses that may now go out of business or go bankrupt. In his viewpoint, this is not fair and it is not right. Those here tonight are requesting the City make amends and do the right thing. Charles Chai and Sook Choi, 15015 Tukwila International Blvd., are representing the Riverton Heights Grocery. They are asking that Ordinance 2550 be immediately repealed in the best interests of the citizens of Tukwila. The ordinance denies businesses displaced by the Public Works projects any relocation assistance. It was passed without notice to the businesses affected by the project and added to the agenda at the time of the meeting. The public was not invited to comment, and many affected businesses may go bankrupt. The City is now ineligible to receive federal funds or grants for the project due to passage of the ordinance. From his standpoint, the City Council received bad advice, and now is the time to correct the mistake. He said that the state legislators voted in favor of relocation assistance to protect small businesses. Providing relocation assistance has been a federal law for over 50 years, and agencies such as the State of Washington, Sound Transit, King County and the City of Seattle have paid relocation assistance. He feels Tukwila should do the same and repeal Ordinance 2550 and treat everyone fairly. Jeff Heiser, 2212 Queen Anne Avenue North, Seattle, is one of the owners of Heiser Body Company, which is impacted by the Public Works project. They have discovered that the City has no intention of providing compensation for the disruption of moving businesses. He clarified that those who own the land will be able to negotiate compensation for being forced to move, however, the businesses themselves will get nothing to cover the cost of relocating. This is due to the Council voting to deny compensation for these costs. For years federal law has mandated that relocation costs be paid, and a loophole has been found that allows the City to pay nothing for relocation costs. This choice is a violation of an ideal the City may claim to have in being fair minded. He asked that the Council reconsider their position to not compensate local business owners for these costs. Mergito Argo, 11620 Rainier Avenue, Seattle, is with One America and is speaking in support of local store owner Abdi Adan. Mr. Adan is a leader with the Somali businesses through One America, and she has worked with him for 2 years. He started the business in 2009 from scratch as a refugee, and he is now doing very well. She is asking that businesses be provided relocation benefits, and that the City staff meet one-on-one with the business owners. Tawfik Maudah, 15001 Tukwila International Blvd., owns Bayview Motor Club, which is impacted by the proposed Justice Center. He supports the other business owners and asks that the Council reconsider relocation compensation. In his viewpoint, it is a right that a public agency provide assistance when they relocate a business. Until this happened to him and other business owners, he thought it was a right. Some businesses may not even make it with the relocation assistance. Tukwila City Council Regular Meeting Minutes January 16, 2018 Page 3 of 6 Fowzi Mohamed, 15035 Tukwila International Blvd., has been in business at this location for close to 20 years. He is asking the City to provide relocation benefits and any other compensation to the affected businesses. Mohamed Sharif, 15045 Tukwila International Blvd., is here on behalf of his family who are owners of the business at this address. The owners are disturbed at the push for this project, with no relocation assistance to the businesses. This is a serious matter that affects the whole community, and he is asking that this issue be re -visited for the business owners. CONSENT AGENDA a. Approval of Minutes: 1/2/18 (Regular Mtg.) b. Approval of Vouchers #376823-376987; #171208-171211 in the amount of $3,283,758.51 c. Authorize the Mayor to sign a contract with King County for Community Development Block Grant (CDBG) funds for the 2017 Minor Home Repair Program, in the amount of $125,000. (Reviewed and forwarded to Consent by the Committee of the Whole on 1/8/18.) MOVED BY ROBERTSON, SECONDED BY HOUGARDY THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED 7-0. Councilmember Quinn asked if communication will be ongoing with those who testified this evening. David Cline, City Administrator, responded in the affirmative, noting that the City has been in contact with every single property owner and business that has responded to us on multiple occasions. Mr. Quinn encouraged those conversations to continue, and Mr. Cline responded in the affirmative. Councilmember Kruller asked if there will be outreach to others who may not be here tonight to also have additional conversations, and Mr. Cline responded in the affirmative. UNFINISHED BUSINESS An ordinance renewing a 6 -month moratorium within the Tukwila International Boulevard Study Area in the City of Tukwila on the development of certain uses such as hotels, motels, extended - stay facilities, or auto -oriented uses; setting a date for a public hearing on the moratorium renewal; providing for severability and declaring an emergency. MOVED BY SEAL, 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. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A SIX-MONTH MORATORIUM WITHIN THE TUKWILA INTERNATIONAL BOULEVARD STUDY AREA IN THE CITY OF TUKWILA ON THE DEVELOPMENT OF CERTAIN USES SUCH AS HOTELS, MOTELS, EXTENDED -STAY FACILITIES, OR AUTO -ORIENTED USES; SETTING A DATE FOR A PUBLIC HEARING ON THE MORATORIUM RENEWAL; PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY QUINN, SECONDED BY KRULLER THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* Council President Seal explained that based on a question at the last Committee of the Whole meeting by Councilmember Idan and approval of the City Attorney, the language in the first sentence of the last WHEREAS clause on page 1 of the Ordinance in the packet has been clarified and amended to read: "WHEREAS, the owners and operators of three crime -infested motels United States Department of Just eo pleaded guilty and were sentenced the owner and operator of one of three crime infested motels for conspiracy to maintain drug involved premises;..." Tukwila City Council Regular Meeting Minutes January 16, 2018 Page 4 of 6 *MOTION CARRIED 7-0, TO ADOPT ORDINANCE NUMBER 2565. NEW BUSINESS Open Government Training Act, to include training for elected officials on public records and open public meeting requirements. Christy O'Flaherty, Records Governance Manager/City Clerk; Andy Youn, Deputy City Clerk; Barbara Saxton, Records Coordinator. The Open Government Meetings Training Act (OGTA) was adopted by the State Legislature in 2014 and requires elected officials to complete training within 90 days of taking office and with intervals of no more than 4 years. This training was last provided to the City Council on January 12, 2015. Staff from tiie City Clerk's Office provided the required training, including updates to information as follows: 1. Records Retention and Destruction Requirements RCW 40.14 - Barbara Saxton, Records Coordinator The use of technology has only increased the importance of access and availability of our records. The City Clerk's Office continues to collaborate with other departments on the evaluation of new technologies being considered for implementation, and working with the Technology & Innovation Services Department as the City transitions to Office 365. The City Clerk's Office will soon be implementing a Legal Hold policy, which clarifies requirements and expectations of staff should the City Attorney determine a legal hold is required. 2. Public Records Act RCW 42.56 – Christy O'Flaherty, Records Governance Manager/City Clerk Legislation amending the Public Records Act went into effect last July 2017, and the City's Public Records Request Policy was updated to reflect the amended law. One major new requirement is a tracking mandate through the Joint Legislative Audit and Review Committee (JLARC). The first deadline is July 1, 2018. There are a wide variety of metrics that are not currently being captured that will represent a new body of ongoing workload. Last year's update to the Public Records Act also addressed fees for electronic records. The GET -IT project [Government Electronic Transparency Initiative for Tukwila] resulted in self -serve access to over 1.2 million permit and land use records dating back to 1958. As of last October 2017, these frequently requested records are available online—at no charge. If a formal records request is received, Department of Community Development (DCD) staff can fulfill the request by sending an e-mail with a link to the records. DCD staff have already had instances of requesters cancelling their formal public records requests because they can easily self -serve and retrieve the records themselves. 3. Open Public Meetings Act RCW 42.30 - Andy Youn, Deputy City Clerk In 2016 the State Legislature increased the $100 civil penalty for an OPMA violation to $500 for a first violation and $1,000 for each successive violation, in addition to other potential consequences. Meeting information available in the City's Digital Records Center has been expanded to include agendas and meeting minutes for the City's Boards and Commissions. The City Clerk's Office also works closely with the Council Analyst regarding public events and submits Notice of Attendance information when a potential quorum of the Council may be attending an event. REPORTS a. Mayor There was no report. Tukwila City Council Regular Meeting Minutes January 16, 2018 Page 5 of 6 b. City Council Councilmember Quinn reported that he participated in the Washington State Department of Transportation meeting for the Statewide Transportation Plan. He also gave a speech on Environmental Justice at the State Capitol for Doctor Martin Luther King's birthday. Councilmember Kruller said she has copies of the Sound Cities Association (SCA) Board member list, and if the Councilmembers would like a copy, she will make it available. Ms. Kruller attended the recent PSRC (Puget Sound Regional Council) Transportation Policy Board Meeting. The Board is reviewing the projects and the Tukwila Pedestrian Bridge will not make it through the "alternatives" process. Additionally, she hosted the Council Coffee Chat and when topics come up that may require follow-up, she would like to see that occur through City Administration. One of the comments came from a heavy user of the City website who did not think it was intuitive, but is impressed with the digital records. Additionally, the Church by the Side of the Road was told not to use their emergency exits based on an issue with an easement, and she would like follow-up to occur with them. There were also comments about how overloaded the 4'" quarter Council meetings were and then no meetings at the end of December and part of January. One attendee asked about Tukwila's position on the Voting Rights Act. A request also occurred to have an update from Code Enforcement. With regards to the Justice Center, there has been information that there will be public meeting space and there are questions about how much space and the design. Ms. Kruller also reported that in honor of Martin Luther King's birthday, she watched the movie, "Detroit," which presented the difficult history of our country. She offered a reminder about the One Night Count (for homelessness) that will occur on January 26, 2018 from 2:00 a.m.-6:00 a.m. While Seattle had no trouble getting people to volunteer for the "count," South King County was not as fortunate. Councilmember Idan reported that former Councilmember Joe Duffle caught the pig that was loose in Tukwila and donated it to Tukwila Elementary. Councilmember Hougardy attended the SKATBd (South King County Area Transportation Board) meeting on January 16, 2018. They are finalizing the legislative agenda, with a focus on funding for regional corridors (1-5, 167 and 169). There was also discussion supporting the exploration of a carbon tax. She also attended the Economic Forecast luncheon on January 12, 2018. c. Staff David Cline, City Administrator, reported that over 40 people turned out for the Martin Luther King Jr. day of service at Tukwila Park. There were Foster High and college students in attendance as well as Councilmember Idan, former Councilmember Duffle, Tukwila community members and others from the surrounding communities. He also referenced the City Administrator (CA) Report in the packet and offered to answer any questions. d. City Attorney There was no report. e. Intergovernmental On behalf of the Council Analyst, Council President Seal referenced the PMQA (Program Management Quality Assurance) Report in the packet and offered to answer any questions. Tukwila City Council Regular Meeting Minutes January 16, 2018 Page 6 of 6 ADJOURNMENT 8:34 p.m. MOVED BY ROBERTSON, SECONDED BY HOUGARDY THAT THE TUKWILA CITY COUNCIL MEETING BE ADJOURNED. MOTION CARRIED 7-0. Allan Ekberg, Mayor (.1 Christy O'Flahe Recors Governance Manager/L y Clerk APPROVED BY THE CITY COUNCIL: 2/5/18 AVAILABLE ON CITY WEBSITE: 2/6/18