HomeMy WebLinkAbout2007-11-19 Regular MinutesNovember 19, 2007 7:00 p.m.
Council Chambers City Hall
REGULAR MEETING MINUTES
CALL TO ORDER /PLEDGE OF ALLEGIANCE
Mayor Steven M. Mullet called the Tukwila City Council meeting to order at 7:04 p.m. and led the
audience in the Pledge of Allegiance.
ROLL CALL
Christy O'Flaherty, Deputy City Clerk, called the roll of the Council. Present were Verna Griffin, Council
President; Councilmembers Joe Duffie, Joan Hernandez, Pam Carter, Jim Haggerton, Pam Linder, and
Dennis Robertson.
CITY OFFICIALS
Steven Mullet, Mayor; Rhonda Berry, City Administrator; Shelley Kerslake, City Attorney; Kevin Fuhrer,
Finance Director; Bob Giberson, Acting City Engineer; Gail Labanara, Public Works Analyst; Jack Pace,
Community Development Director; Brandon Miles, Assistant Planner; David Haynes, Police Chief; Darrell
Baskin, Assistant Police Chief; Mary Miotke, IT Manager; Kimberly Matej, Council Analyst; Christy
O'Flaherty, Deputy City Clerk.
SPECIAL PRESENTATIONS
Promotion of Rick Mitchell to Sergeant in the Police Department
David Haynes, Police Chief, introduced Rick Mitchell to the City Council. Mr. Mitchell is being promoted
to Sergeant after working 13 years for the Tukwila Police Department. Sergeant Mitchell has a Bachelor's
Degree from the University of Southwest Texas State and has been a military police officer in the United
States Army. Mayor Mullet administered the Oath of Office, and Assistant Chief Darrell Baskin pinned the
badge on Sergeant Mitchell.
Sergeant Mitchell offered thanks and appreciation to the administrative staff and officers of the Tukwila
Police Department. He is grateful for the opportunity to serve the City of Tukwila.
CITIZEN COMMENTS
TUKWILA CITY COUNCIL
Anna Bernhard, 14241 59 Avenue South, relayed a problem with vulgar signs on private property in her
neighborhood. Other citizens living in the area are in attendance this evening to comment on this
problem.
Janelle Baldwin, 5827 South 144th Street, displayed 2 poster- board -sized signs showing phrases
containing multiple obscenities. A panel truck in this residential neighborhood contains similar phrases
with various vulgar words that are very visible to residents in the area. Repeated attempts have been
made to contact the homeowners that are typically unsuccessful. The City Police and Code Enforcement
departments have been contacted. Yesterday 2 sides of the truck containing obscenities were finally
painted over. Ms. Baldwin requested an ordinance be considered that would regulate profanity or public
indecency.
Barbara Woods- Storey also lives in this neighborhood and expressed frustration and disgust regarding
the profanity posted on this commercial vehicle in a residential area. Children are able to see this display
of public indecency. It is her expectation that Tukwila's elected officials work to resolve this issue.
Mayor Mullet explained this could very well be a freedom of speech issue, and the City Attorney's Office
will research the matter.
Brian Kennedy, 12802 37th Avenue South, indicated there is a house directly north of the Tukwila
Community Center that has a wrecked van and garbage everywhere.
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Mayor Mullet indicated the Code Enforcement Division has this property on a list to be handled through
the proper legal channels. When property owners do not deal with violations, the City must obtain a court
order to do the work and then put a lien on the property to recoup the costs. While this can be a time
consuming process, the City is going through the necessary steps to handle code enforcement violations.
CONSENT AGENDA
a. Approval of Minutes: 11/5/07 (Regular)
b. Approval of Vouchers #335237 #335478 in the amount of $1,268,827.88
MOVED BY DUFFIE, SECONDED BY HERNANDEZ TO APPROVE THE CONSENT AGENDA AS
SUBMITTED. MOTION CARRIED 7 -0.
PUBLIC HEARINGS
a. An ordinance renewing a six -month moratorium on the filings of sign, development, and
electrical permits for certain types of electronic signage within the City.
Brandon Miles, Assistant Planner, provided an overview of this topic. On June 4, 2007, the City Council
adopted Ordinance #2165, which established a 180 -day moratorium on the installation of animated and
electronic signs within the City. The moratorium will expire at the end of November and given the
significance of allowing such signs within the City, staff proposes to renew the moratorium for an
additional 180 days. The City is in the process of updating the City's Sign Code, and as part of the
update, the regulations for animated and electronic signs will be evaluated. Planning staff has briefed the
Council on the proposed update, and a joint meeting of the City Council and Planning Commission was
conducted on October 25, 2007.
7:29:24 p.m. Mayor Mullet opened the public hearing and called for citizen comments.
No citizen comments were received.
7:29:28 p.m. Mayor Mullet closed the public hearing.
b. An ordinance increasing the City of Tukwila Regular Levy 1`)/0 for the previous year,
commencing January 1, 2008 on all property, both real and personal.
7:29:46 p.m. Mayor Mullet opened the public hearing and called for citizen comments.
Kevin Fuhrer, Finance Director, provided a synopsis of this issue. Two ordinances are on the agenda for
approval this evening: (1) Levying the general taxes for the City for 2008 on real and personal property;
and (2) Increasing the Regular Levy by 1% from the previous year for 2008. A public hearing is required
on the second ordinance increasing the levy by 1%.
No citizen comments were received.
7:31:22 p.m. Mayor Mullet closed the public hearing.
c. Proposed 2008 Budget and the 2008 -2013 Capital Improvement Program.
7:31:27 p.m. Mayor Mullet opened the public hearing and called for citizen comments.
Kevin Fuhrer, offered a summary of the new budget initiatives for 2008 to include:
Provision of funding for the Centennial Celebration
Initiation of online permit applications through the Department of Community Development
Additional staff person in the City Clerk's Office
Additional staff to implement approved emergency management initiatives
No citizen comments were received.
7:34:28 p.m. Mayor Mullet closed the public hearing.
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UNFINISHED BUSINESS
a. An ordinance renewing a six -month moratorium on the filings of sign, development, and
electrical permits for certain types of electronic signage within the City.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
ADOPTING FINDINGS OF FACT AND RENEWING FOR AN ADDITIONAL SIX -MONTH
PERIOD A MORATORIUM ON THE FILING OF SIGN, DEVELOPMENT, AND ELECTRICAL
PERMITS FOR CERTAIN TYPES OF ELECTRONIC SIGNAGE WITHIN THE CITY OF
TUKWILA; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
MOVED BY LINDER, SECONDED BY HAGGERTON THAT THE PROPOSED ORDINANCE BE READ
BY TITLE ONLY. MOTION CARRIED 7 -0.
Shelley Kerslake, City Attorney, read the proposed ordinance by title only.
MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE PROPOSED ORDINANCE BE
ADOPTED AS READ.*
Councilmember Robertson conveyed the Sign Code update may take longer than 6 months and perhaps
the moratorium should be for a longer period of time.
Shelley Kerslake, City Attorney, explained the law regarding moratoriums is that they can be set for a 6-
month period and a 6 -month extension.
*MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2180.
b. 1) An ordinance levying the general taxes for the City of Tukwila for the fiscal year
commencing January 1, 2008 on all property, both real and personal.
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, 2008, 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.
MOVED BY HAGGERTON, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE READ
BY TITLE ONLY. MOTION CARRIED 7 -0.
Shelley Kerslake, City Attorney, read the proposed ordinance by title only.
MOVED BY HAGGERTON, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE
ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2181.
b. 2) An ordinance increasing the City of Tukwila Regular Levy 1°/0 from the previous year,
commencing January 1, 2008 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, 2008, ON ALL PROPERTY, BOTH REAL AND PERSONAL, IN
COMPLIANCE WITH RCW 84.55.120; PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
MOVED BY HAGGERTON, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE READ
BY TITLE ONLY. MOTION CARRIED 7 -0.
Shelley Kerslake, City Attorney, read the proposed ordinance by title only.
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City Council Regular Meeting Minutes November 19. 2007
MOVED BY HAGGERTON, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE
ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2182.
AGENDA AMENDMENT
MOVED BY ROBERTSON, SECONDED BY HERNANDEZ TO DISCUSS UNFINISHED BUSINESS
ITEMS 6C AND 6D AFTER THE NEW BUSINESS ITEMS. MOTION CARRIED 7 -0.
NEW BUSINESS
a. Authorize the Mayor to sign Supplement #3 to Contract #07 -087 with Reid Middleton for
Seismic Hazard Analysis Services in the amount of $208,414.00.
This item was discussed at the Finance and Safety Committee meeting on November 5, 2007. The
committee members were unanimous in recommending approval.
Reid Middleton completed a seismic hazard screening report on 11 City facilities. All of the facilities
require additional analysis that include conceptual level designs and cost estimates. Six facilities will be
evaluated for seismic retrofit and five facilities will be evaluated for the financial feasibility of retrofit
compared to replacement.
MOVED BY HAGGERTON, SECONDED BY HERNANDEZ TO AUTHORIZE THE MAYOR TO SIGN
SUPPLEMENT #3 TO CONTRACT #07 -087 WITH REID MIDDLETON FOR SEISMIC HAZARD
ANALYSIS SERVICES IN THE AMOUNT OF $208,414.00. MOTION CARRIED 7 -0.
b. Authorize the Mayor to award a contract to Brike Excavating, LLC, for the South 129th Street
Drainage Modifications in the amount of $37,697.91.
This item was discussed at the Utilities Committee meeting on November 6, 2007. There were two
committee members present at the meeting and both recommended approval.
In 1999 a drainage swale was incorrectly installed on private property in the Codiga farm area. This
project will remove the swale and pipe the roadway drainage across South 129th Street. The low bid was
submitted from Brike Excavating, and they have completed other projects for the City and performed well.
MOVED BY ROBERTSON, SECONDED BY DUFFIE TO AUTHORIZE THE MAYOR TO AWARD A
CONTRACT TO BRIKE EXCAVATING, LLC, FOR THE SOUTH 129TH STREET DRAINAGE
MODIFICATIONS IN THE AMOUNT OF $37,697.91. MOTION CARRIED 7 -0.
c. Authorize the Mayor to sign an agreement for the use of grant funds with the Washington State
Department of Ecology for the National Pollutant Discharge Elimination System (NPDES) Phase II
Stormwater Management Plan in the amount of $75,000.00.
This item was discussed at the Utilities Committee meeting on November 6, 2007. There were two
committee members present at the meeting and both recommended approval.
The City has received a grant from the Washington State Department of Ecology (DOE) for the NPDES
Phase II Stormwater Management Plan in the amount of $75,000.00. Council approval to accept the
grant funding is required.
MOVED BY HERNANDEZ, SECONDED BY DUFFIE TO AUTHORIZE THE MAYOR TO SIGN AN
AGREEMENT FOR THE USE OF GRANT FUNDS WITH THE WASHINGTON STATE DEPARTMENT
OF ECOLOGY FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
PHASE II STORMWATER MANAGEMENT PLAN IN THE AMOUNT OF $75,000.00. MOTION
CARRIED 7 -0.
d. Authorize the Mayor to sign a contract with Kenyon Disend, LLC, for 2008 legal services in the
amount of $36,785.00 per month (plus expenses).
This item was discussed at the Finance and Safety Committee meeting on November 5, 2007. The
committee members were unanimous in recommending approval.
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City Council Regular Meetina Minutes November 19. 2007
The only changes from last year are the date from 2007 to 2008, a 4% increase in the flat fee, and an
increase in hourly rates.
MOVED BY HAGGERTON, SECONDED BY DUFFIE TO AUTHORIZE THE MAYOR TO SIGN A
CONTRACT WITH KENYON DISEND, LLC, FOR 2008 LEGAL SERVICES IN THE AMOUNT OF
$36,785.00 PER MONTH (PLUS EXPENSES).*
Rhonda Berry, City Administrator, referenced the "Litigation Status" sheet on page 95 of the agenda
packet. She explained the first $5,000 of each case is paid under the flat -fee contract. As an example, if
a case shows a cost of $6,100, the first $5,000 is part of the contract, and the City would then be billed an
additional $1,100.
*MOTION CARRIED 7 -0.
e. Authorize the Mayor to sign a contract with Kirshenbaum Goss for 2008 -2010 public defender
services in the amount of $9,900.00 per month.
This item was discussed at the Finance and Safety Committee meeting on November 5, 2007. The
committee members were unanimous in recommending approval.
The proposed contract reflects a 10% increase in the monthly rate, which has been in effect for 3 years.
It also incorporates an annual inflator to avoid such large increases in the future.
MOVED BY HAGGERTON, SECONDED BY DUFFIE TO AUTHORIZE THE MAYOR TO SIGN A
CONTRACT WITH KIRSHENBAUM GOSS FOR 2008 -2010 PUBLIC DEFENDER SERVICES IN THE
AMOUNT OF $9,900.00 PER MONTH.*
Councilmember Carter found the information on the annual inflator on page 2 of the contract to be
confusing and offered the following amendment to the contract to improve clarity.
MOVED BY CARTER, SECONDED BY LINDER TO AMEND THE CONTRACT TO MOVE THE LAST
SENTENCE UNDER #7 ON PAGE 2, WHICH READS "ANNUAL CIP ADJUSTMENT WILL BE
DETERMINED USING CPI -U SEATTLE FEBRUARY TO FEBRUARY RETROACTIVE TO JANUARY 1
OF EACH YEAR" TO FOLLOW THE SENTENCE THAT BEGINS "ADJUSTMENTS IN THE RATE
IN THE SAME PARAGRAPH. MOTION CARRIED 7 -0.
*MOTION CARRIED 7 -0 AS AMENDED.
f. Authorize the Mayor to sign a contract with Ball Janik, LLP, for 2008 lobbying services in the
amount of $9,568.00 per month (plus expenses).
This item was discussed at the Finance and Safety Committee meeting this evening, November 19, 2007.
The committee members were unanimous in recommending approval.
The only changes from last year involve the date change from 2007 to 2008 and in Exhibit A, the Scope
of Work has been amended and fine tuned. The Finance and Safety Committee also asked that an
additional bulleted item be added to page 3 of Exhibit A under #2, Specific Services. The following
should be added above the last bulleted item in the list: "-Attendance at an annual meeting in Tukwila
with the City Council."
Councilmember Hernandez indicated she has received citizen correspondence about increased air traffic
at Boeing Field and would like our lobbyists to advocate for program and funding changes to assist with
this issue.
MOVED BY HAGGERTON, SECONDED BY ROBERTSON TO AUTHORIZE THE MAYOR TO SIGN A
CONTRACT WITH BALL JANIK, LLP, FOR 2008 LOBBYING SERVICES IN THE AMOUNT OF
$9,568.00 PER MONTH (PLUS EXPENSES). MOTION CARRIED 7 -0.
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UNFINISHED BUSINESS Continued per agenda amendment on Page 4
c. Review of 2008 proposed Capital Improvement Program (CIP).
Kevin Fuhrer, Finance Director, introduced each of the following sections of the CIP for review by the City
Council. The Councilmembers discussed the items and asked for clarification from staff as needed.
Council amendments or additions to the CIP were noted by the Finance Director and departmental staff
members.
CIP Pages
Attachment A VII -IX
Attachment B X
Attachment C XI -XIV
d. Council initiatives for the proposed 2008 budget.
The Councilmembers reviewed and discussed the 2008 budget initiatives submitted by Councilmember
Hernandez as follows:
Citizen Complaint Tracking System
Improved Functionality of Email System
Permanent Neighborhood Resource Center
Re- Institute Bike Patrols on Tukwila International Boulevard and on City Trails
Speed Limit Enforcement on Andover Park East and Andover Park West
Fire Department Aid Car
Further consideration will be given to these items at the upcoming discussion on Council goals, during the
Council Retreat, and through reports from the staff.
REPORTS
a. Mayor
Mayor Mullet reported that due to the short workweek (Thanksgiving Holiday), there will be limited time to
prepare agenda packets for the next Council meeting.
b. Council
Councilmember Duffie attended the National League of Cities (NLC) Conference in New Orleans,
Louisiana this past week. He spent time volunteering while at the Conference and was impressed with
the citizens of New Orleans. Mr. Duffie also relayed thanks to Tukwila Police Officer, Kraig Boyd, for
playing the bagpipes at the Tukwila Elementary School Veterans' Day event.
Councilmember Hernandez attended the Westfield Shopping Center "Topping Off' event on November 6,
2007 as well as the Tukwila Government Affairs Committee the same day. On November 7, 2007 she
participated in the South King County Cultural Coalition Meeting and the Chamber of Commerce ACE
awards on November 8, 2007. Ms. Hernandez attended the Affordable Housing Advisory Board meeting
on November 14, 2007 and the Lodging Tax Advisory Committee meeting on November 15, 2007. She
indicated correspondence has been received that the Wetzel house on South 180th has been purchased
with the intent that it be refurbished to its original condition. She also reported the Utilities Committee
meeting for November 20, 2007 has been cancelled.
Council President Griffin participated in the November 9, 2007 South King County Human Services
breakfast meeting. She also attended the NLC Conference this past week and noted the hospitality of the
people in the City of New Orleans. She found it very beneficial that Kimberly Matej, Council Analyst, was
in attendance at the conference. She offered a reminder of the Thanksgiving Dinner event for seniors on
Wednesday, November 21, 2007 at the Tukwila Community Center from 11:00 a.m. -2:00 p.m. Volunteers
are welcome.
Councilmember Carter also attended the NLC Conference this past week. Ms. Carter also attended the
November 8, 2007 Transportation Policy Board Meeting and Destination 2030 Working Group.
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Councilmember Haggerton attended the NLC Conference and found the workshops to be very
informative. Some of the sessions he attended involved police activity, financing, and green activities.
Today he attended the Veterans' Day event at Tukwila Elementary School, where the students were very
well behaved, and the program was excellent. Mr. Haggerton also participated in the American Legion
event at the Tukwila Community Center today.
Councilmember Linder participated in a recent tour of Tukwila Pond. On November 7, 2007 she attended
a meeting regarding the 10 -year plan to end homelessness, where work continues to be done regionally
to offset this important issue. Due to the higher costs of oil, there is concern there may be an increase in
homelessness. On November 14, 2007 Ms. Linder attended the Community Forum on the Parks and
Open Space Plan, which was very well attended.
Councilmember Robertson also attended the NLC Conference this past week. In talking with the people
in the area, it was conveyed that during the Katrina disaster, the local officials did handle the situation
very well for the first few days. The expectation was that after a few days both FEMA and the Red Cross
would step in to provide further assistance. When that did not occur, the citizens looked to the local
officials for answers to emergency related issues.
c. Staff
Rhonda Berry, City Administrator, expressed that the intergovernmental cooperation that exists between
Tukwila and neighboring jurisdictions will be extremely beneficial in the event of a disaster. Tukwila has
developed strong relationships with FEMA and the Red Cross, and we have a sound incident command
system.
d. City Attorney
There was no report.
e. Intergovernmental
Kimberly Matej, Council Analyst, relayed that information for the next Council Meeting regarding Council
Goals should be provided to her after the meeting this evening.
ADJOURNMENT
9:47 p.m. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE TUKWILA CITY COUNCIL
MEETING BE ADJOURNED. MOTION CARRIED 7 -0.
e.rQnr\
Steven M. Mullet, Mayor
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Christy O'Flah
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Deputy City Clerk
APPROVED BY THE CITY COUNCIL: 12/3/2007