HomeMy WebLinkAbout2009-07-06 Regular MinutesCALL TO ORDER /PLEDGE OF ALLEGIANCE /ROLL CALL
Mayor Pro Tempore Hernandez called the Tukwila City Council meeting to order at 7:06 p.m. and led the
audience in the Pledge of Allegiance
Mayor Haggerton was not present.
ROLL CALL
Tukwila City Council
City Hall Council Chambers
MINUTES
Christy O'Flaherty, City Clerk, called the roll of the Council. Present were Councilmembers Joan
Hernandez, Pam Linder, Dennis Robertson, Verna Griffin, Kathy Hougardy, De'Sean Quinn.
Regular Meeting
July 6, 2009 7:00 P.M.
MOVED BY GRIFFIN, SECONDED BY LINDER TO EXCUSE COUNCILMEMBER DUFFIE FROM THE
MEETING. MOTION CARRIED 6 -0.
CITY OFFICIALS
Rhonda Berry, City Administrator; Shelley Kerslake, City Attorney; Shawn Hunstock, Finance Director;
Jim Morrow, Public Works Director; Jack Pace, Community Development Director; Mike Villa, Assistant
Police Chief; Nick Olives, Fire Chief; Bruce Fletcher, Parks and Recreation Director; Robert Eaton,
Facilities Operations Technician; Derek Speck, Economic Development Administrator; Mary Miotke,
Information Technology Director; Kimberly Matej, Council Analyst; Christy O'Flaherty, City Clerk.
AMEND AGENDA
MOVED BY GRIFFIN, SECONDED BY ROBERTSON TO AMEND THE AGENDA TO ADD THE BID
AWARD FOR CODIGA PARK CONSTRUCTION AS THE SECOND ITEM UNDER NEW BUSINESS AS
7B. MOTION CARRIED 6 -0.
SPECIAL PRESENTATIONS
Legislative Review of 2009 Session and Update for 2010 Legislative Session Jamie Durkan,
Legislative Lobbyist.
Jamie Durkan, the City's legislative lobbyist, provided a 2009 legislative review and an update for the
2010 legislative session as follows.
2009 Highlights:
Streamlined Sales Tax. With the State of Washington facing a $5 -6 billion deficit, the City of Tukwila,
along with other impacted cities, were concerned about the potential loss of the mitigation dollars for the
losing cities. Both the House and the Senate budgets included the money for mitigation for losing cities.
This issue will need constant monitoring. If revenues continue to stagnate, there will be an attempt to
postpone the mitigation payments.
Transportation and Infrastructure. All committed dollars for Southcenter Parkway remained intact in
the adopted Washington State transportation budget. With the adoption of the Tukwila South
Development Agreement, the City can now consider requesting new funding for other projects.
General Government Operation. HB 1296 and SB 5495 proposed to amend the RCW to prohibit local
governments from requiring an inspection of dwelling units and assessing the cost to the landlord. The
Tukwila City Council Regular Meeting Minutes
July 6, 2009 Page 2 of 6
City was successful in articulating the needs for inspections to ensure rental housing meets minimum
habitability standards. This may emerge again in the 2010 session. The City was also successful in
advocating for changes in the Shoreline Management Act that allows relief from setbacks that would be
caused by a shoreline restoration project. The law becomes effective on July 26, 2009. Legislation the
City supported that failed to pass included HB 1744 and SB 5630 which allows the City more flexibility
with the Real Estate Excise Tax (REET). HB 1056 and SB 5099, which would allow for annual property
tax valuations also failed.
2010 Legislative Session:
While there is still some discussion regarding a special session in September 2009, it is unlikely that will
occur. The City should prepare early for the 2010 legislative session. The City must be vigilant in
protecting mitigation monies for the Streamlined Sales Tax and should also prepare requests for
additional infrastructure projects.
Mr. Durkan indicated he would work with the Council Analyst in preparing a legislative agenda for the
Council.
APPOINTMENTS
Appointments to the Equity and Diversity Commission:
1. Confirm the reappointment of Joan Hernandez to Position #1 on the Equity and Diversity
Commission, with a term expiring 07/31/2011.
MOVED BY ROBERTSON, SECONDED BY GRIFFIN TO CONFIRM THE REAPPOINTMENT OF JOAN
HERNANDEZ TO POSITION #1 ON THE EQUITY AND DIVERSITY COMMISSION, WITH A TERM
EXPIRING 7/31/2011. MOTION CARRIED 6 -0.
2. Confirm the reappointment of Falicia Green to Position #2 on the Equity and Diversity
Commission, with a term expiring 7/31/2011.
MOVED BY GRIFFIN, SECONDED BY QUINN TO CONFIRM THE REAPPOINTMENT OF FALICIA
GREEN TO POSITION #2 ON THE EQUITY AND DIVERSITY COMMISSION, WITH A TERM
EXPIRING 7/31/2011. MOTION CARRIED 6 -0.
3. Confirm the reappointment of Jonathan Joseph to Position #3 on the Equity and Diversity
Commission, with a term expiring 7/31/2011.
MOVED BY HOUGARDY, SECONDED BY GRIFFIN TO CONFIRM THE REAPPOINTMENT OF
JONATHAN JOSEPH TO POSITION #3 ON THE EQUITY AND DIVERSITY COMMISSION, WITH A
TERM EXPIRING 7/31/2011. MOTION CARRIED 6 -0.
4. Confirm the reappointment of Verna Griffin to Position #7 on the Equity and Diversity
Commission, with a term expiring 7/31/2011.
MOVED BY QUINN, SECONDED BY LINDER TO CONFIRM THE REAPPOINTMENT OF VERNA
GRIFFIN TO POSITION #7 ON THE EQUITY AND DIVERSITY COMMISSION, WITH A TERM
EXPIRING 7/31/2011. MOTION CARRIED 6 -0.
5. Confirm the reappointment of Alma Villegas to Position #8 on the Equity and Diversity
Commission, with a term expiring 7/31/2011.
MOVED BY GRIFFIN, SECONDED BY ROBERTSON TO CONFIRM THE REAPPOINTMENT OF
ALMA VILLEGAS TO POSITION #8 ON THE EQUITY AND DIVERSITY COMMISSION, WITH A TERM
EXPIRING 7/31/2011. MOTION CARRIED 6 -0.
Tukwila City Council Regular Meeting Minutes
July 6, 2009 Page 3 of 6
CITIZEN COMMENTS
Matt Peters, 13552 Macadam Road South, referenced the noise issues from Light Rail in his
neighborhood and relayed that his property value has gone down $60,000 since last year. He also
expressed concern regarding City communication. When he called City Hall, he was told Council
meetings are conducted every Monday, and in actuality, they are not held on fifth Mondays of the month.
He also conveyed he sent an email to Jack Pace, Community Development Director, on June 16, 2009
requesting information, and he has not yet been contacted. A copy of the letter was provided to the City
Clerk.
The Councilmembers thanked Mr. Peters for bringing these issues to their attention. He was encouraged
to contact the King County Assessor's Office regarding the decrease in his property values.
Allan Ekberg, 4920 South 161 Street, also referenced a decrease in his property values. He expressed
appreciation to the City for the Family 4 at the Fort event, which he found to be well done and enjoyable.
CONSENT AGENDA
a. Approval of Minutes: 06/01/09 (Regular); 06/08/09 (Special); 06/15/09 (Regular); 06/22/09 (Special)
b. Approval of Vouchers #347546- #347766 and 200907061 200907062 in the amount of $1,579,568.31
MOVED BY LINDER, SECONDED BY ROBERTSON TO APPROVE THE CONSENT AGENDA AS
SUBMITTED. MOTION CARRIED 6 -0.
UNFINISHED BUSINESS
a. Authorize the Mayor to sign Change Order #1 to Contract 09 -057 for side sewer installation at
13906 51 Avenue South in the amount of $28,317.28.
MOVED BY HOUGARDY, SECONDED BY LINDER TO AUTHORIZE THE MAYOR TO SIGN CHANGE
ORDER #1 TO CONTRACT 09 -057 (WITH DUANE CAMERON BULLDOZING) FOR SIDE SEWER
INSTALLATION AT 13906 51 AVENUE SOUTH IN THE AMOUNT OF $28,317.28.
MOTION CARRIED 6 -0.
MOVED BY GRIFFIN, SECONDED BY LINDER TO CONSIDER NEW BUSINESS ITEM 7, BID AWARD
FOR CODIGA PARK, AT THIS TIME. MOTION CARRIED 6 -0.
Award a contract to Construct Company, LLC for the Codiga Park Construction project in the
amount of $244,282.46.
MOVED BY GRIFFIN, SECONDED BY LINDER TO AWARD A CONTRACT TO CONSTRUCT
COMPANY, LLC FOR THE CODIGA PARK CONSTRUCTION PROJECT IN THE AMOUNT OF
$244,282.46.*
Councilmember Griffin indicated that based on information from the Finance Director, the City has money
in the Parks and Open Space Acquisition Fund, known as the 301 fund, that could be used for this
project. A percentage of the Real Estate Excise Tax (REET) dollars have been going into the fund, and it
has grown from $900,000 to $3,946,582.
This project, which has had on -going community support and a great deal of effort by volunteers, came in
with a bid of $244,282.46, far below the Engineer's Estimate of $552,975 and the budgeted amount of
$610,000.
Shawn Hunstock, Finance Director, explained the fund had $3.9 million available as of 12/31/2008, with
approximately 60% of the balance being unspent REET monies. The REET dollars are to be used for
capital projects in the Capital Improvement Program (CIP). Mr. Hunstock indicated that according to the
Tukwila Municipal Code, the REET1 monies (which equates to half of the REET income) are specifically
Tukwila City Council Regular Meeting Minutes
July 6, 2009 Page 4 of 6
to be used for parks and open space acquisition. State statute indicates the money can be used for any
capital project in the CIP with the exception of maintenance of capital facilities.
Councilmember Robertson expressed concern that the economic outlook for the City has not changed
and inquired as to the status of sales tax data.
Mr. Hunstock relayed the numbers are consistent and are no better and no worse. The dollars are
coming in at 23% under the budgeted amount for the year, including sales tax mitigation, which is 11%
under the budgeted amount.
Councilmember Robertson indicated the Tukwila Municipal Code could be amended to change the
appropriation of REET1 monies to be used for any capital project, which may better serve the City during
this difficult economic period.
Shelley Kerslake, City Attorney, explained that research would be necessary to determine if the timing
regarding receipt of the funds would be relevant to changing the use.
Councilmember Quinn asked for clarification as to the types of things the money could not be used for.
Mr. Hunstock stated that REET1 monies cannot be used for maintenance of capital facilities, and REET2
cannot be used for parks and open space acquisition. Capital projects in the CIP are REET1 and REET2
eligible.
Councilmember Quinn inquired if there are any changes in City operations that are forthcoming.
Mr. Hunstock said there is no additional information other than what was presented at the recent budget
workshop. If the current economic situation continues, there may be the need to discuss changes at the
budget workshop scheduled in September 2009.
Bruce Fletcher, Parks and Recreation Director, indicated the bids will no longer be valid after
July 20, 2009.
The Councilmembers discussed this issue and offered comments to include: the significance of the bids
for this project coming in at under 50% of the Engineer's Estimate; acknowledgement that waiting to
construct the project later will likely increase the costs; the value of the City entering this economic
situation with strong financial reserves; the need for the Council to be forward thinking regarding future
parks; an awareness of the volunteer efforts and hours donated by the community; and concern about
expending the money at this time due to the state of the economy.
*MOTION CARRIED 5 -1 WITH ROBERTSON VOTING NO.
b. A resolution rejecting all bids for the Codiga Park construction project.
Mayor Pro Tempore Hernandez stated that due to the approval of the bid award, consideration of the
resolution rejecting all bids for the Codiga Park construction is unnecessary. The Council can now
proceed to Agenda Item 6c.
c. A resolution declaring a 1994 Fire Department rescue boat and accessories as surplus and
authorizing its donation.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
DECLARING A 1994 RESCUE BOAT, MOTOR AND ACCESSORY EQUIPMENT SURPLUS,
AND AUTHORIZING ITS DONATION.
MOVED BY LINDER, SECONDED BY GRIFFIN THAT THE PROPOSED RESOLUTION BE READ BY
TITLE ONLY. MOTION CARRIED 6 -0.
Tukwila City Council Regular Meeting Minutes
July 6, 2009 Page 5 of 6
Christy O'Flaherty, City Clerk, read the proposed resolution by title only.
MOVED BY LINDER, SECONDED BY ROBERTSON THAT THE PROPOSED RESOLUTION BE
ADOPTED AS READ. MOTION CARRIED 6 -0 TO ADOPT RESOLUTION NUMBER 1684.
d. Authorize the Mayor to sign an Authorization for Transfer of Funds in the amount of
$179,018.00 from the Traffic Police line item to the Investigation line item to provide for changes in
the Police organizational structure.
MOVED BY LINDER, SECONDED BY GRIFFIN TO AUTHORIZE THE MAYOR TO SIGN AN
AUTHORIZATION FOR TRANSFER OF FUNDS IN THE AMOUNT OF $179,018.00 FROM THE
TRAFFIC POLICE LINE ITEM TO THE INVESTIGATION LINE ITEM TO PROVIDE FOR CHANGES IN
THE POLICE ORGANIZATIONAL STRUCTURE. MOTION CARRIED 6 -0.
NEW BUSINESS
a. Authorize the Mayor to sign an agreement with PACE Engineering for the Gilliam Creek Basin
Stormwater Overflow project in the amount of $85,665.00.
MOVED BY HOUGARDY, SECONDED BY LINDER TO AUTHORIZE THE MAYOR TO SIGN AN
AGREEMENT WITH PACE ENGINEERING FOR THE GILLIAM CREEK BASIN STORMWATER
OVERFLOW PROJECT IN THE AMOUNT OF $85,665.00.*
Mayor Pro Tempore Hernandez indicated this item was discussed at the Utilities Committee on June 23,
2009. The committee members were unanimous in recommending approval and requested this item be
forwarded directly to the Regular Meeting to expedite necessary action.
Jim Morrow, Public Works Director, explained that staff is seeking approval of a consultant agreement for
design of the Gilliam Creek Basin Stormwater Overflow project. The project was originally scheduled for
2012. Due to recent high river occurrences and potential flooding, as well as complications regarding the
Howard Hanson Dam, it is recommended the project begin sooner. This project will connect an overflow
pipe from Andover Park West to Andover Park East, allowing additional water flows to be diverted from
Gilliam Basin during high river events. The Storm Water Enterprise Fund will be utilized to pay for this
critical project.
*MOTION CARRIED 6 -0.
b. Award a contract to Construct Company, LLC for the Codiga Park Construction project in the
amount of $244,282.46. (per the motion amending the agenda on Page 1)
This item was discussed as the second item under Unfinished Business on page 3.
REPORTS
a. Mayor
The Mayor was not present.
b. City Council
Councilmember Hougardy attended the ribbon cutting ceremony at the Old Spaghetti Factory, which
brought 170 new jobs to Tukwila. She also volunteered at the Rock 'n' Roll Marathon on June 27, 2009.
Ms. Hougardy also reported on her recent attendance at the Association of Washington Cities (AWC)
Conference.
Tukwila City Council Regular Meeting Minutes
July 6, 2009 Page 6 of 6
c. Staff
Rhonda Berry, City Administrator, reported that it was a record breaking weekend for the Family 4` at the
Fort event, with all parking spaces filled by 4:30 p.m. There were fewer Police calls regarding fireworks in
City neighborhoods, with a 42% decrease from 2008. On July 4 itself, the City received the lowest
number of calls since 1999.
d. City Attorney
There was no report.
e. Intergovernmental
Kimberly Matej, Council Analyst, indicated the next Council Coffee Chat will be on July 11, 2009 at the
Starbucks on Interurban Avenue from 10:00 a.m. to noon. Information regarding the All Nations Cup
event should be available to the Council this Wednesday, and the first work session for the Shoreline
Master Program is July 7, 2009.
MISCELLANEOUS
Councilmember Robertson referenced the development agreement with Sound Transit as it relates to
noise mitigation and noise testing regarding the Light Rail system. He suggested that it may be time for
the Council to discuss this issue at an upcoming Committee of the Whole meeting. He inquired as to
when noise data will be available to the City.
Jack Pace, Community Development Director, explained that Sound Transit is expected to begin noise
testing after the July 18 opening date. The City has also hired a noise expert to provide input regarding
this issue. He offered clarification that, per the development agreement, Sound Transit will be monitoring
issues such as noise, wetland mitigation, and parking for the next 3 -10 years. Mr. Pace suggested that
once noise data has been accumulated, an informational meeting could be held that includes
representatives from Sound Transit and the City's noise consultant. Council consensus existed to have
an informational meeting in the next 6 weeks to 2 months, once noise data is available to the City.
Mr. Pace offered clarification that he had not seen the email from Matt Peters referenced during Citizen
Comments this evening. He has spoken with Mr. Peters about re- sending the document.
ADJOURNMENT
8:50 p.m. MOVED BY ROBERTSON, SECONDED BY QUINN THAT THE TUKWILA CITY COUNCIL
MEETING BE ADJOURNED. MOTION CARRIED 6 -0.
Jd i F ernandez, Mayor Pro Tempore
Flak)
Christy O'Flhi'ierty, City Clerk U
Approved by the City Council: 7/20/2009