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HomeMy WebLinkAbout2003-12-01 Regular MinutesCALL TO ORDER /PLEDGE OF ALLEGIANCE: ROLL CALL: OFFICIALS: CITIZEN COMMENT /CORRESPONDENCE: TUKWILA CITY COUNCIL Council Chambers City Hall December 01, 2003 7:00 p.m. REGULAR MEETING MINUTES Mayor Steve Mullet called the Regular Meeting to order at 7:00 p.m. and led the audience in the Pledge of Allegiance. Bob Baker, Deputy City Clerk, called the roll of Council. Present were Council President Pam Carter; and Councilmembers Joan Hernandez, Jim Haggerton, Pamela Linder, Dave Fenton and Richard Simpson. HERNANDEZ MOVED; HAGGERTON SECONDED; TO EXCUSE THE ABSENCE OF COUNCILMEMBER DUFFIE. The motion carried 6 -0. Rhonda Berry, Acting City Administrator; Shelley Kerslake, City Attorney; Lucy Lauterbach, Council Analyst; Jim Morrow, Public Works Director; Bruce Fletcher, Director of Parks and Recreation; and Alan Doerschel, Finance Director. PROCLAMATIONS /APPOINTMENTS Appointment to Parks Commission Alice Russell Position #2 Term Expires 03/31/06 Bruce Fletcher, Director of Parks and Recreation, informed Council that Ms. Russell was unable to attend this meeting. With over 13 years' experience as a "soccer mom," coach and involvement on other levels with youth, Mr. Fletcher spoke in favor of her appointment. HERNANDEZ MOVED; FENTON SECONDED; TO APPOINT ALICE RUSSELL TO THE PARKS COMMISSION, POSITION #2, WITH A TERM TO EXPIRE MARCH 31, 2006. The motion carried 6 -0. Bill Toon, 13360 56 Ave. So., Tukwila, spoke out of concern regarding business dealings between James Codiga and the City of Tukwila as it relates to the alleged purchase of topsoil. He presented statements in writing as well as an invoice for the purchase of 4,400 cubic yards of topsoil /beauty bark at $6.00 per yard, plus tax and interest, in the amount of $36,764.00, and asked the monies to be remitted to Mr. Codiga by December 9, 2003. Due to the fact this could result in potential litigation, the matter was not addressed by Council other than with a statement for desiring an agreed resolution to the matter. Clerical note: Due to the fact this could result in potential litigation, the Deputy City Clerk prepared a verbatim transcript of Mr. Toon's comments. Said transcript shall be an official attachment to these minutes. CONSENT AGENDA: a. Approval of Minutes November 17, 2003 Regular meeting. b. Approval of Vouchers 303335 303586, in the amount of $1,114,657.70. City of Tukwila Page 2 of 7 City Council Regular Meeting Minutes December 1, 2003 c. An agreement with Penhallegon Associates Consulting Engineers (PACE), Inc., in the amount of $41,742.00, for professional design services to design upgrades to the Fort Dent pump station d. Addendum #2 to AG 00 -029 with Gray Osborne, Inc., in the amount of $58,000.00 for additional design and construction work related to the Allentown water and sewer improvement project Phase II e. Addendum #1 to AG 01 -105 with AHBL, Inc., in the amount of $19,727.00, for final design of Foster Point Neighborhood revitalization project. f. Accept turnover of Kentucky Fried Chicken/Taco Bell sidewalks located at 15036 Tukwila International Boulevard g. h. Accept as complete the 2003 overlay program construction contract with Lakeside Industries; authorize release of retainage bond subject to the standard claim and lien release procedures (final cost of project: $762,454.50). HERNANDEZ MOVED; CARTER SECONDED; APPROVAL OF THE CONSENT AGENDA AS PRESENTED. The motion carried 6 -0. UNFINISHED BUSINESS: Accept turnover of Olive Garden Restaurant storm drainage system (value of infrastructure $37,048.58) a. A resolution involving non represented salaries A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING RESOLUTION NO. 1506, UPDATING AND CLARIFYING THE NON REPRESENTED EMPLOYEES' COMPENSATION PLAN AND ADOPTING THE NON REPRESENTED SALARY SCHEDULE AND BENEFITS SUMMARY EFFECTIVE JANUARY 1, 2004. Viki Jessop, Administrative Services Director, was present to answer Council inquiries and provide clarification where necessary. The current wage plan includes a COLA for those employees that remain above the newly established control point, based on 90% of the Seattle- Tacoma Bremerton Area Semi Annual Average (first half of 2002 to first half of 2003, which is 1.8 for the calendar year 2004. The current wage plan provides a minimum increase of 1.62% to those who were previously above the control point, and now in the new salary schedule. There will be no step increases during 2004 for any employee at or above the control point. Starting in 2005, a COLA shall be applied each January 1 when a study has not been conducted, based on the same Seattle- Tacoma Bremerton Area Semi Annual Average. And, the City shall conduct an in- house market analysis of the non represented compensation system during the summer of 2005, with results of that study to be implemented in January, 2006. FENTON MOVED; LINDER SECONDED; TO READ THE PROPOSED RESOLUTION BY TITLE ONLY. The motion carried 6 -0. Shelley Kerslake, City Attorney, read the title of the proposed resolution. FENTON MOVED; HAGGERTON SECONDED; TO ACCEPT THE PROPOSED RESOLUTION AS READ. The motion carried 6 -0. APPROVED RESOLUTION #1537. City of Tukwila Page 3 of 7 City Council Regular Meeting Minutes December 1, 2003 b. An agreement with Penhallegon Associates Consulting Engineers (PACE), Inc., in the amount of $192,745.00, for professional design services to design the Strander Boulevard Pipe Replacement project. Councilmember Linder reported review and approval of the proposed contract at the November 18, 2003 Utilities Committee meeting. The contract is for the design of the new stormwater conveyance system and pump station along Strander Boulevard between Andover Park East and the river. The current system is undersized and causes flooding at the intersection. LINDER MOVED; FENTON SECONDED; TO ENTER INTO AN AGREEMENT WITH PENHALLEGON ASSOCIATES CONSULTING ENGINEERS (PACE), INC., IN THE AMOUNT OF $192,745.00, FOR PROFESSIONAL DESIGN SERVICES TO DESIGN THE STRANDER BOULEVARD PIPE REPLACEMENT PROJECT. The motion carried 6 -0. c. 2004 Property Tax Ordinances 1. Levying the general taxes on all property, both real and personal, for the fiscal year commencing January 1, 2004. 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, 2004, ON ALL PROPERTY, BOTH REAL AND PERSONAL, IN SAID CITY WHICH 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 AS REQUIRED BY LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE Alan Doerschel, Finance Director, reported the new King County Assessor worksheets have increased the assessed valuation in Tukwila to $85,118,486.00, thus adding approximately $200,000.00 in additional revenues in 2004. Mr. Doerschel also noted the requested amount of $10,600,000.00 is higher than the revised budgeted amount of $10,330,000.00. There will be a final calculation in January, by the King County Assessor, and there will be non collective amounts each year, accounting for the said difference. FENTON MOVED; LINDER SECONDED; TO READ THE PROPOSED ORDINANCE BY TITLE ONLY. The motion carried 6 -0. Shelley Kerslake, City Attorney, read the title of the proposed ordinance. FENTON MOVED; LINDER SECONDED; TO ACCEPT THE PROPOSED ORDINANCE AS READ. The motion carried 6 -0. APPROVED ORDINANCE #2033. 2. Increasing the regular levy from the previous year for the fiscal year commencing January 1, 2004, on all property, both real and personal. 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, 2004, ON ALL PROPERTY, BOTH REAL AND PERSONAL, IN COMPLIANCE WITH RCW 84.55.120; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE FENTON MOVED; LINDER SECONDED; TO READ THE PROPOSED ORDINANCE BY TITLE ONLY. The motion carried 6 -0. Shelley Kerslake, City Attorney, read the title of the proposed ordinance. City of Tukwila Page 4 of 7 City Council Regular Meeting Minutes December 1, 2003 FENTON MOVED; LINDER SECONDED; TO ACCEPT THE PROPOSED ORDINANCE AS READ. The motion carried 6 -0. APPROVED ORDINANCE #2034 d. Resolution changing the name of South 96 Place to Museum of Flight Place FENTON MOVED; LINDER SECONDED; TO READ THE PROPOSED RESOLUTION BY TITLE ONLY. The motion carried 6 -0. Shelley Kerslake, City Attorney, read the title of the proposed resolution. FENTON MOVED; HAGGERTON SECONDED; TO ACCEPT THE PROPOSED RESOLUTION AS READ. Councilmember Hernandez reported receipt of a telephone call from just one community member who suggested renaming 96 Place to Flight Museum Way or Flight Museum Place. The community member hoped that by adopting their suggestion, the street sign containing the name would be shorter than that which may be proposed for Museum of Flight Place. *The motion carried 6 -0. APPROVED RESOLUTION #1538 NEW BUSINESS: a. A resolution approving the Proposed 2004 -2009 Financial Planning Model /Capital Improvement Plan (discussion only) b. An ordinance adopting the 2004 budget (discussion only) Alan Doerschel, Finance Director, noted items (a) and (b) are on the agenda as placeholders so Councilmembers may see the drafts before changes are made. Both items will be forwarded to the December 15, 2003 Regular meeting agenda for consideration /action. Further, Mr. Doerschel reported Council will review proposed changes to both documents at the December 8, 2003 Committee of Whole meeting. Should any amendments be necessary, they will be made before both items are placed on the December 15, 2003 Regular meeting agenda for consideration /action. No action was taken. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, CHANGING THE NAME OF SOUTH 96 PLACE TO MUSEUM OF FLIGHT PLACE A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE 2004 -2009 FINANCIAL PLANNING MODEL AND THE CAPITAL IMPROVEMENT PROGRAM FOR GENERAL GOVERNMENT AND THE CITY'S ENTERPRISE FUNDS. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE ANNUAL BUDGET OF THE CITY OF TUKWILA FOR THE FISCAL YEAR 2004; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE c. A resolution supporting the Washington State adoption and implementation of the streamlined sales tax agreement City of Tukwila Page 5 of 7 City Council Regular Meeting Minutes December 1, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, SUPPORTING THE WASHINGTON STATE ADOPTION AND IMPLEMENTATION OF THE STREAMLINED SALES TAX AGREEMENT, PROVIDING THAT THE STATE: 1) ENSURES A FULL MITIGATION OR "HOLD HARMLESS" METHOD IS PUT IN PLACE FOR SOURCING IMPACTED CITIES; AND 2) UTILIZES A TIMELINE THAT IS CLOSELY LINKED TO CONGRESSIONAL AUTHORIZATION OF INTERNET AND CATALOG SALES TAXES. Councilmember Haggerton reported review and consideration of the proposed resolution at this evening's earlier Finance and Safety Committee meeting. The Committee supports the proposed resolution with two provisos that are included therein. Additionally, four minor wording changes were suggested at the Committee level which Mr. Haggerton outlined for Council. Alan Doerschel, Finance Director, noted the City is in support of the general concept of streamlined sales tax, yet believes the Bill should include language holding cities harmless for losing funds, and not implement the legislation until internet and catalog sales are close to being implemented as well. Mr. Doerschel reported a "core group" of cities working on this issue include Puyallup, Redmond, Kent and Tukwila. Another 15 cities stand to lose monies based upon streamlined sales tax. And, other cities are considering resolutions (similar to this). Mr. Doerschel has spoken with staff members of the Senate Ways and Means Committee, as well as businesses in Tukwila which could /would be affected by the legislation. All but one business said they support the City of Tukwila's position on the issue and that they would sign correspondence stating same. In his final remarks to the Council, Mr. Doerschel reported the City of Tukwila stands to lose as much as (approximately) $1.7 million per year. That being the case, the City could face many economic problems, including layoffs. HAGGERTON MOVED; FENTON SECONDED; TO READ THE PROPOSED RESOLUTION BY TITLE ONLY. The motion carried 6 -0. Shelley Kerslake, City Attorney, read the title of the proposed resolution. CARTER MOVED; HAGGERTON SECONDED; TO ACCEPT THE PROPOSED RESOLUTION AS READ. CARTER MOVED; FENTON SECONDED; TO AMEND THE PROPOSED RESOLUTION BY 1) Inserting the words "and City of Tukwila's" after the word "Washington's" in the third WHEREAS clause. Additionally, to strike the word "is" in the same sentence and insert the word "are "...so the third WHEREAS clause would read...WHEREAS, the State of Washington's and City of Tukwila's tax structure are highly dependent upon sales tax receipts; and 2) Striking the word "distribution" from the 6 and 7 WHEREAS clauses and inserting the word "delivery" 3) Striking the words "such as" in the 8 WHEREAS clause and inserting the word "including" *The motion to amend the main motion carried 6 -0. *The main motion (to accept the resolution as read) AS AMENDED, carried 6 -0. APPROVED ORDINANCE #2034 City of Tukwila Page 6 of 7 City Council Regular Meeting Minutes December 1, 2003 REPORTS: a. Mayor Mayor Mullet announced the need for an executive session this evening, regarding potential litigation, for approximately 30 minutes. He also reported attendance to the 14 Annual Senior lunch sponsored by the Rotary Club. b. City Council Councilmember Duffle was absent. Councilmember Hernandez attended the November 25, 2003 Community Affairs and Parks Committee meeting. Additionally, she reported the need for a Special meeting following the December 8 Committee of Whole meeting. No objection was received on the proposed meeting. Council President Carter had no report. Councilmember Haggerton reported attendance to this evening's Finance and Safety Committee meeting. Councilmember Linder had no report. Councilmember Fenton attended a soccer event at Fort Dent Park over the weekend and commented on the "gorgeous facility." Councilmember Simpson informed Council the "Tent City" folks are in Tukwila once more. Rhonda Berry noted the City will recognize Tukwila Police Sergeant (Detective) Dennis McOmber for 20 years of service on December 3, 2003. Additionally, she invited Council to the Employee Appreciation Breakfast on December 4. d. City Attorney Shelley Kerslake had no report. e. Legislative Analyst Lucy Lauterbach had no report. 8:30 p.m. HERNANDEZ MOVED; FENTON SECONDED; TO RECESS THE REGULAR MEETING TO CONVENE THE EXECUTIVE SESSION. The motion carried 6 -0. EXECUTIVE SESSION: Potential Litioation Pursuant to RCW 42.30.110(1)(o) 30 Minutes 8:37 p.m. 9:07 P.M. c. Staff Executive session began. Executive session ended. City of Tukwila Page 7 of 7 City Council Regular Meeting Minutes December 1, 2003 ADJOURN: 9:07 p.m. FENTON MOVED; SIMPSON SECONDED; TO ADJOURN THE EXECUTIVE SESSION; RECONVENE AND ADJOURN THE REGULAR MEETING. The motion carried 6 -0. Steven M. Mullet, Mayor Date Minutes Signed: December 15, 2003 Tvikt± ao.k.Vt___- Robert H. Baker, CMC, Deputy City Clerk