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Home My WebLink About2022-11-21 Regular MinutesCouncil �� Tukwila City��««o�«« On-site and Virtual Meeting MINUTES REGULAR MEETING Regular Meeting November 21, 2022 — 7:00 P.M. This meeting was conducted both on-site at Tukwila City Hall and virtually via Microsoft TEAMS. The phone number for public participation that was provided via the agenda distribution process was: 1 253-292-9750, access code 670077847# to include a link to join the Teams Meeting. CALL TO ORDER/PLEDGE OF ALLEGIANCE/ROLL CALL Mayor Ekberg (on-site) called the Regular Meeting of the Tukwila City Council to order at 7:00 p.m. and led the audience in the Pledge of Allegiance. Andy ¥oun, Deputy City Clerk, called the roll of the Council. Present at the meeting were Councilmembers Kathy Hougardy (nn'site). De'Sean Quinn (on-site); Kate Kruller (on-site), Thomas McLeod (on-site), Cynthia Delostrinos Johnson (on-site), Mohamed Abdi (on-site); Tosh Sharp (on-site). CITY OFFICIALS Allan Ekberg, Mayor; David C]hne, City Administrator: Rachel Bianchi, Deputy City Administrator; Kari Sand, City Attorney; Eric Dreyer, Police Chief; Eric Lund, Deputy Police Chief; Jay Wittwer, Fire Chief; Norm Golden, Assistant Fire Chief; Vicky Carlsen, Finance Director; Tony Cullerton, Deputy Finance Director; Hari Ponnokanh, Public Works Director; Nora Gierloff, Community Development Director; Derek Speck, Economic Development Administrator; Brandon Mi|en, Business Relations Manager; Laurel Humphrey, Legislative Analyst; Christy O'Flaherty, City Clerk; Andy Youn, Deputy City Clerk. LAND ACKNOWLEDGEMENT — Councilmember Delostrinos Johnson stated "The City of Tukwila is located on the ancestral lands of the Coast Salish people. We acknowledge their continuing connecons to land, waters and culture. We pay our respects to their elders past, present and emerging." PUBLIC COMMENTS There were no public comments. CONSENT AG EN DA a. Approval of Minutes: 11/7/22 (Regular) b. Approval of Voucher#00401773-00401881 in the amount of $3,329,71.44 e,u-r st 4Q43/28,] d. Authorize the Mayor to sign a contract with Ogden Murphy Wallace, P.L.L.0 for 2023-2024 City Attorney services. [Reviewed and forwarded to Consent by the Finance and Governance Committee on 10/24/22.] e. Authorize the Mayor to sign a contract with Kirshenbaum & Goss, Inc. P.S., for 2023'2024 public defense services. [Reviewed and forwarded to Consent by the Finance and Governance Committee on 10/24/22.] f. Authorize the Mayor to accept the Salmon Recovery Fund Board Grant meni with the Washington State Recreation and Conservation Office for the Gilliam Creek Fish Barrier Removal Project in the amount of $250.000.00. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Services Committee on ///7X22.] Tukwila City Council Regular MeetinMinutes November 21,2022 Page 2 of 7 g. Authorize Mayor contract with BHC Consultants LLC for plan review and inspection services in the amount of $150,000.00. [Reviewed and forwarded to Consent by the Planning and Community Development Committee on ////%22./ h. Authorize the Mayor to sign a contract with Reid Middleton Inc. for structural plan review services in the amount of $150.000.00. [Reviewed and forwarded to Consent by the Planning and Community Development Committee on 11/7/22.] i. An ordinance repealing Ordinance No. 2253 §1 (part) and amending Ordinance No. 1995 §1 (part), as codified at Tukwila Municipal Code (TMC) Chapter 11.08, "Permits," to retitle TMC Chapter 11 .08 as "Right -of -Way Use Permits,' and establish new regulations related to activities within the right-of-way. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Services Committee on 11/7/22.] ORDINANCE NO. 2682 j. Authorize the Mayor to accept the Federal Highway Administration Congestion Mitigation and Air Quality Improvement Program Grant Agreement with Puget Sound Regional Council for the 2023-2024 Transportation Demand Management Program in the amount of $450.000.00. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Services Committee on ///7%22.] k. Authorize the Mayor to sign Amendment No. 1 to Contract #20 120 with the Walls Law Firm for prosecution services in the amount of $75.000.00. [Reviewed and forwarded to Consent by the Finance and Governance Committee on 11/14/22.] I. Authorize the Mayor to sign a contract with Mr. Rooter Plumbing for Foster Golf Links Water Main Line Repair in the amount of $72,675.12. [Reviewed and forwarded to Consent by the Community Services and Safety Committee on 11/14/22] Councilmember Delostrinos Johnson pulled Item C from the Consent Agenda. MOVED BY HOUGARDY, SECONDED BY QUINN THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED, WITH THE EXCEPTION OF ITEM C. MOTION CARRIED 7-0. PUBLIC HEARINGS An ordinance vacating certain property located within the city, dedicated for street purposes, generally described as portions of South 140th Street; amending the official street map of the City. (George Long Shops) 7:04 p.m. Mayor Ekberg opened the public hearing and called for a staff report. Brandon Miles, Business Liaison Manager, explained on December 13, 2021, the City Council authorized the sale of the George Long Shops property, generally located at 14000 Interurban Ave South to King County. With the completed work at the Heiser building, the City's Fleet and Facilities crews have moved off the George Long site. King County would like to purchase the property on behalf of the King County Flood District and intends to use the property for a future shoreline restoration and/or flood protection project. The George Long site consists of four parcels and the right-of-way of S.140th Street. The right-of- way has a total area of approximately 7,457 square feet. The right-of-way bisects the parcels going east to west. This right-of-way was used as part of the operations of George Long and is no longer needed by the City. It is not used by any other property owners for access and only city -owned parcels touch it. 7:06 p.m. Mayor Ekberg called for public comments. Mayor Ekberg called for public comments from those in attendance and asked that potential off-site speakers press *6 on their phones to unmute to make comments. There were no public comments. 7:07 p.m. Mayor Ekberg closed the public hearing. Tukwila City CoLincil Regular Meeting Minutes November 21.2O22 Page 3 of 7 UNFINISHED BUSINESS a. An ordinance vacating certain property located within the city, dedicated for street purposes, generally described as portions of South 140th Street; amending the official street map of the City. 7:08 p.m. Councilmember Quinn recused himself from this item. MOVED BY HOUGARDY, SECONDED BY DELOSTRINOS JOHNSON THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. K8OT|ONCARN|EO6'0'WITHQU|NNRECUSED. Andy Youn, Deputy City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, VACATING CERTAIN PROPERTY LOCATED WITHIN THE CITY, DEDICATED FOR STREET PURPOSES, GENERALLY DESCRIBED AS PORTIONS OF SOUTH 140TH STREET; AMENDING THE OFFICIAL STREET MAP OF THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE, MOVED BY HOUGARDY, SECONDED BY DELOSTRINOS JOHNSON THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 6-0, WITH QUINN RECUSED, TO ADOPT ORDINANCE NC}.3683. 7:10 p.m. Councilmember Quinn rejoined the meeting. b. Tax Levy Legislation: (1) An ordinance increasing the City of Tukwila regular levy from the previous year, commencing January 1, 2023, on all property, both real and personal, in compliance with RCW 84.55.120. MOVED BY QUINN, SECONDED BY KRULLER 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, INCREASING THE CITY OF TUKWILA REGULAR LEVY FROM THE PREVIOUS YEAR, COMMENCING JANUARY 1, 2023, ON ALL PROPERTY, BOTH REAL AND PERSONAL, IN COMPLIANCE WITH RCW 84.55.120; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY QUINN, SECONDED BY KRULLER THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 7-0, TO ADOPT ORDINANCE NO. 2684. (2) An ordinance levying the general taxes for the City of Tukwila in King County for the fiscal year commencing January 1, 2023, on all property, both real and personal, in said city, 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 and 2019, as required by law. MOVED BY QUINN, SECONDED BY KRULLER 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, LEVYING THE GENERAL TAXES FOR THE CITY OF TUKWILA IN KING COUNTY FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2023, ON ALL PROPERTY, BOTH REAL AND PERSONAL, IN SAID CITY, THAT IS SUBJECT TO TAXATION FOR THE PURPOSE OF Tukwila City Council Regular MeetinMinutes November 21, 2022 Page 4 of 7 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 |N2U1GAND 2O19.A8REQUIRED BYLAW, PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY QUINN, SECONDED BY KRULLER THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 7-0, TO ADOPT ORDINANCE NO.2685. c. Budget Legislation: (1) An ordinance amending Ordinance No. 2641, which adopted the City of Tukwila's Biennial Budget for the 2021-2022 biennium, to adopt an amended year-end budget. MOVED BY QUINN, SECONDED BY DELOSTRINOS JOHNSON 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. 2641, WHICH ADOPTED THE CITY OF TUKWILA'S BIENNIAL BUDGET FOR THE 2021 -2022 BIENNIUM, TO ADOPT AN AMENDED YEAR-END BUDGET; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY KRULLER, SECONDED BY QUINN THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 7-0, TO ADOPT ORDINANCE NO. 2686. Mayor Ekberg stated that Council President McLeod would handle leading the discussion on the City budget items. (c2) Discussion only on an ordinance adopting the biennial budget of the City of Tukwila for the 2023-2024 biennium. (c3) Discussion only on a resolution adopting the 2023-2028 Financial Planning Model and the Capital Improvement Program for general government and the City's Enterprise funds. d. Business and Occupation (B&O) Tax Legislation Discussion only on an ordinance establishing a new Chapter 3.26 of the Tukwila Municipal Code (TMC) entitled, "Business and Occupation Tax"; establishing TMC Chapter 3.27 entitled "Business and Occupation Tax Administrative Provisions"; providing for a referendum process. Council President McLeod explained that in light of the Budget Work Session that will be occurring tomorrow (November 22, 2022), it would be helpful to identify those topics that can come off the table, so discussion at the Work Session can be the most effective and productive. The Councilmembers exchanged comments regarding the budget issues to include the need to receive all of the options and opportunities from City Administration; greater information regarding property sales to include the need for a potential Executive Session; Acknowledgement that some revenues are earmarked to pay back debt; and the potential for leasing property as a means of tightening the budget gap. Council consensus existed not to pursue discussions regarding use of property sales revenue; reserve funds; or a marijuana excise tax to fill the $3 million gap. Items that will move forward to the Work Session include discussion regarding a B&O tax, business |ioanaeu, solid waste revunue, gambling tax, and funding for the 7 frozen Police Department positions. 7:52 p.m. Cn noUmnmberHougmdyexitedVheCuunnUChambms. Tukwila City Council Regular Meeting Minutes November 21, 2022 Page 5 of 7 Mayor Ekberg resumed presiding over the remainder of the meeting. e. A resolution authorizing the transfer of funds for the purpose of making a loan from the Sewer Fund to the General Fund; establishing an interest rate and repayment schedule for said interfund loan (Fire Department apparatus). MOVED BY HOUGARDY, SECONDED BY DELOSTRINOS JOHNSON THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 7-0. Andy Youn, Deputy City Clerk, read the proposed resolution by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE TRANSFER OF FUNDS FOR THE PURPOSE OF MAKING A LOAN FROM THE SEWER FUND TO THE GENERAL FUND; ESTABLISHING AN INTEREST RATE AND REPAYMENT SCHEDULE FOR SAID INTERFUND LOAN. MOVED BY HOUGARDY, SECONDED BY KRULLER THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 7-0, TO ADOPT RESOLUTION NO. 2057. f. An ordinance amending Tukwila Municipal Code Section 2.05.010 to fix the amount of compensation for Councilmembers for years 2023 through 2026; repealing Ordinance No. 2668. MOVED BY MCLEOD, SECONDED BY KRULLER 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 TUKWILA MUNICIPAL CODE SECTION 2.05.010 TO FIX THE AMOUNT OF COMPENSATION FOR COUNCILMEMBERS FOR YEARS 2023 THROUGH 2026; REPEALING ORDINANCE NO. 2668; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY HOUGARDY, SECONDED BY MCLEOD THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 6-1, WITH SHARP VOTING NO, TO ADOPT ORDINANCE NO. 2687. 8:31 p.m. Councilmember Quinn recused himself from items g, h, and I. g. Authorize the Mayor to accept the Open Spaces River Corridors Grant Agreement with King County for the Nelsen Side Channel Project in the amount of $250,000.00. MOVED BY HOUGARDY, SECONDED BY MCLEOD TO AUTHORIZE THE MAYOR TO ACCEPT THE OPEN SPACES RIVER CORRIDORS GRANT AGREEMENT WITH KING COUNTY FOR THE NELSEN SIDE CHANNEL PROJECT IN THE AMOUNT OF $250,000.00. MOTION CARRIED 6-0, WITH QUINN RECUSED. h. Authorize the Mayor to accept the Cooperative Watershed Management Grant Agreement with King County for the Gilliam Creek Fish Barrier Removal Project in the amount of $250,000.00; the Nelsen Side Channel Project in the amount of $100,000.00; and the Riverton Creek Project in the amount of , 0,000.00. MOVED BY MCLEOD, SECONDED BY ABDI TO AUTHORIZE THE MAYOR TO ACCEPT THE COOPERATIVE WATERSHED MANAGEMENT GRANT AGREEMENT WITH KING COUNTY FOR THE GILLIAM CREEK FISH BARRIER REMOVAL PROJECT IN THE AMOUNT OF $250,000.00; THE NELSEN SIDE CHANNEL PROJECT IN THE AMOUNT OF $100,000.00; AND THE RIVERTON CREEK PROJECT IN THE AMOUNT OF $40,000.00. MOTION CARRIED 6-0, WITH QUINN RECUSED. Tukwila City Council Regular Meeting Minutes November 21, 2022 Page 6 of 7 i. Authorize the Mayor to accept the King County Flood Control District Flood Reduction Grant Agreement with King County for the Gilliam Creek Fish Barrier Removal Project in dhy amount of $250,000.00 and the South 131st Street Project in the amnuntof $100.000.00. MOVED BY ABDI, SECONDED BY DELOSTRINOS JOHNSON TO AUTHORIZE THE MAYOR TO ACCEPT THE KING COUNTY FLOOD CONTROL DISTRICT FLOOD REDUCTION GRANT AGREEMENT WITH KING COUNTY FOR THE GILLIAM CREEK FISH BARRIER REMOVAL PROJECT IN THE AMOUNT OF $250.000'00 AND THE SOUTH 131ST STREET PROJECT IN THE AMOUNT OF $100,080J30' MOTION CARRIED 6-0, WITH QUINN RECUSED. 8:33 p.m. Councilmember Quinn returned to the Council Chambers. 8:34 p.m. Council President McLeod exited the Council Chambers. 8:35 p.m. Council President McLeod returned to the Council Chambers. REPORTS a. Mayor Mayor Ekberg was recognized as the Seattle Southside Chamber of Commerce Public Servant of the Year. b. City Council Councilmember Hougardy attended the recent NLC (National League of Cities) Conference where the focus was on Economic Developmenk, Public Safety, Climate Action P|ans, Housing Affordability, and Transportation. She noted that Councilmember Kruller is the Chair of the NLC Transportation and Infrastructure Services Committee. Councilmember Kruller also attended the NLC Conference and noted that Victoria Woodards, the Mayor of Tacoma, was elected President of NLC. The leadership forum will be held in Tacoma this summer, and they are looking at areas outside of Tacoma to be involved. Tukwila can baa part of this process, and she is open to ideas. The BNSF Modality Yard or the Museum of Flight could put Tukwila on a National stage. She conveyed that there will be a great deal of money at the federal level for infrastructure. Other focus areas of the conference involved drones, autonomous vehicles, and local authority over charging stations. Councilmember Delostrinos Johnson reported on the recent PCD (Planning and Community Development) Committee meeting where the Committee reviewed 3 applications for Lodging Tax funds involving Experience Tukwila, Operations, and the Seattle Seawolves. Councilmember Abdi also attended the recent NLC Conference and found it to be a great experience. c. Staff David Cline, City Administrator, referenced the CA (City Administrator) report and offered to answer any questions. MISCELLANEOUS Qwnci|memb /KmUe/nntejU`akinthenmentTmnoportaticmand|nfmstmctunefemineoCnmmhten meeting, the focus was on the Neighborhood Traffic Calming Program, the 42ndAvenue temporary Tukwila City Council Regular Meeting Minutes November 21, 2022 Page 7 of 7 ADJOURNMENT 8:50 p.m. UNANIMOUS CONSENSUS EXISTED TO ADJOURN THE REGULAR MEETING. Allan Ekberg, Mayor ("?..(t.ty 067/ahettg Christy O'Flaherty, Records Governance Manager/City Clerk APPROVED BY THE CITY COUNCIL: 12/5/22 AVAILABLE ON CITY WEBSITE: 12/6/22