TUKWILA CITY COUNCIL
April 5, 2010 – 7:00 p.m.
Tukwila City Hall – Council Chambers
REGULAR MEETING MINUTES
CALL TO ORDER/PLEDGE OF ALLEGIANCE/ROLL CALL
Mayor Haggerton called the Regular Meeting of the Tukwila City Council to order at 7:03 p.m. and led the audience in the Pledge of Allegiance.
Christy O’Flaherty, City Clerk, called the roll of the Council. Present were Councilmembers Joe Duffie, Joan Hernandez, Dennis Robertson, Allan Ekberg, Verna Seal, Kathy Hougardy, and De’Sean Quinn.
Jim Haggerton, Mayor; Steve Lancaster, City Administrator; Kari Sand, City Attorney’s Office; Shawn Hunstock, Finance Director; Bob Giberson, Public Works Director; Jack Pace, Community Development Director; Brandon Miles, Senior Planner; Evelyn Boykan, Human Services Manager; Stephanie Brown, Human Resources Director; David Haynes, Police Chief; Dave Johnson, Recreation Superintendent; Derek Speck, Economic Development Administrator; Mary Miotke, Information Technology Director; Kimberly Matej, Council Analyst; Christy O’Flaherty, City Clerk.
a. Introduction of the American Council of Young Political Leaders – 2010 Legislative Fellows.
Mayor Haggerton explained that for over 44 years, the American Council of Young Political Leaders has designed, organized and managed unique international exchange activities for young political leaders worldwide. The programs are designed to promote mutual understanding, respect, and friendship and to cultivate long-lasting relationships among young people who are poised to become tomorrow’s global leaders and policy makers.
Kimberly Matej, Council Analyst, introduced 3 Indonesian Legislative Fellows, who will be visiting Tukwila for 3 days to learn how City government operates. They will then visit the City of Seattle and King County.
Luthfi Widagdo Eddyono. Mr. Eddyono is a Special Registrar for election cases and the Assistant to the Registrar Constitutional of the Republic of Indonesia. While in the United States, he is interested in learning about electoral and campaign law; the process by which judges are appointed or elected; the research methods utilized by government staff; and the role of new media in politics and government.
Diah Pitaloka. Ms. Pitaloka is a community organizer for The Female Headed Household Empowerment Program. While in the United States, she would like to learn about local governance; the relationship between elected politicians and their constituents; the participation of women in politics; and the political party system in the United States.
Sidratahta Mukhtar. Mr. Mukhtar is a staff member for the Partai Demokrat Faction, Indonesian House of Representatives. While in the United States, he would like to learn about the working relationship between state and local government and the federal government; political parties; security policies at the regional and local levels of government; and the higher education system.
The Councilmembers welcomed the Legislative Fellows to the City and thanked them for choosing to visit the City of Tukwila.
b. King County Airport Noise Mitigation Plan – Sharyn Parker, Sound Insulation Program Manager; Leslie Barstow, Community Relations Manager; Ed Hanson, Chair of the King County Airport Roundtable; and Kathleen Crabtree, Representative to the King County Airport Roundtable.
Sharyn Parker, Sound Insulation Program Manager, provided an overview of the King County International Airport (KCIA) Sound Insulation Program. The program was created to reduce noise inside homes that are most affected by airport traffic. Homes with the greatest noise will be improved first during this 10-12 year process. The program is voluntary and free, and no taxpayer funds are involved. The Federal Aviation Administration (FAA) pays 95% of the funding, and the other 5% comes from KCIA.
To qualify for the program, interior noise testing must show a home has inside noise from aircraft of 45 decibels or higher. Homes and apartments up to 4 units that were built before October 1998 are eligible for consideration. Homes that qualify will receive a customized package that may include new insulating windows, door retrofitting, chimney caps, and ventilation improvements. Participation in the program requires a contract with KCIA, an approved scope of work, and an avigation easement. This easement gives KCIA the legal right to operate aircraft in or near the airspace above the property. Occupants remain in their homes while the improvements are being made by highly skilled and experienced contractors.
Program activities to date include:
Completed noise mitigation improvements: 171 homes designed and engineered and 135 homes are in construction phase.
Designed and engineered 2 potentially historic homes in Phase I, Georgetown; awaiting cultural resource survey of 6 homes in Tukwila.
Created a GIS database and interactive map platform.
Constructed a product display house that contains the package of improvements and translated materials. (Located at KCIA terminal building adjacent to “south arrivals” building)
The Mayor and Councilmembers thanked Ms. Parker and the representatives from the King County International Airport Roundtable for the informative presentation and their commitment to the quality of life in the community.
c. Budget Briefing – Steve Lancaster, City Administrator, and Shawn Hunstock, Finance Director.
Steve Lancaster, City Administrator, utilized a Powerpoint presentation to provide a summary of the City’s current budget situation.
At the budget retreat in February 2010, the Councilmembers expressed the importance of a balanced approach to closing the City’s current budget gap. This will require evaluating methods to both increase revenues and decrease expenses. Addressing both sides of this equation will have impacts on the cost and type of services provided to citizens and on the employees who provide those services. A balanced approach to closing the budget gap will involve consideration of revenue increases, program reductions, and the cost of compensation. Three-fourths of the City’s general fund expenditures go toward employee compensation.
Mr. Lancaster explained that a number of factors have occurred to negatively impact the City’s budget situation. Cities in Washington have been challenged by statutory limitations on property tax revenue during a time when the cost of providing services has continued to grow. Additionally, Tukwila’s finances have been hurt by implementation of the State’s streamlined sales tax system and by unanticipated expenditures related to the Howard Hanson Dam.
The global economic recession in the last couple of years brought about a situation where more money was spent than was received in revenues. This economic condition is expected to continue, making it essential for the City to increase revenue, decrease costs, or a combination of both. The impact of doing nothing will cause the City’s reserves or ending fund balance to disappear by 2014-2015, and the situation cannot be allowed to continue.
The Council is not being asked to make any decisions this evening. City administration will bring revenue ideas and cost saving options before the Council at the next several Committee of the Whole meetings.
The Councilmembers offered the following comments regarding the budget presentation: The necessity of an ambitious schedule due to the severity of the financial issues; the need for setting goals and timelines throughout the review process; the importance of receiving feedback from the staff and members of the public; and the significance of having City administration handle negotiations with employee groups during this period.
Mr. Lancaster indicated that in addition to the schedule in the Council packet, he would report back on or before June 28, 2010 with any additional issues or options for consideration by the Council.
Confirmation of the appointment of Chuck Parrish to Position #4 on the Human Services Advisory Board, with a term to expire 4/30/2013.
MOVED BY HERNANDEZ, SECONDED BY DUFFIE TO CONFIRM THE APPOINTMENT OF CHUCK PARRISH TO POSITION #4 ON THE HUMAN SERVICES ADVISORY BOARD, WITH A TERM TO EXPIRE 4/30/2013.*
Mr. Parrish conveyed appreciation for the opportunity he has had in the last 4 years to serve on the Tukwila Planning Commission. He also looks forward to this new opportunity of volunteering on the Human Services Advisory Board, as it gives him the ability to serve those in the community who encounter extremely challenging circumstances.
The Councilmembers expressed appreciation and thanks to Mr. Parrish for his spirit of commitment to the City and for taking volunteerism and service to the community to the highest possible level.
*MOTION CARRIED 7-0.
Steve Rydeen, President of the International Association of Firefighters (IAFF) and Tukwila employee, invited the Council and City administration to attend the “Regional Fire Authority (RFA) and Other Tools” workshop at the Red Lion Hotel in SeaTac on April 27, 2010 from 9:00 a.m. to 4:00 p.m. The workshop will be helpful in clarifying how a Regional Fire Authority works, and there is no registration fee.
Council President Robertson indicated he plans on attending and encouraged the rest of the Council to attend the workshop to garner a better understanding of this complex issue.
Councilmember Quinn thanked Mr. Rydeen for the opportunity to learn more about the range of options for the City.
a. Approval of Minutes: 3/15/10 (Regular); 3/22/10 (Special).
b. Approval of Vouchers #352442-352719 and #201004051-201004052 in the amount of $911,453.14.
MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED 7-0.
An ordinance amending Ordinance No. 2277, relating to the preservation of industrial land within the City’s Manufacturing Industrial Center; establishing a six-month moratorium on the acceptance of applications for and issuance of land use, building and development permits, business licenses and/or approvals for any change in use for certain non-industrial uses within the Manufacturing Industrial Center zone; adopting findings of fact supporting the establishment of the moratorium; providing for severability; and establishing an effective date.
8:18 p.m. Mayor Haggerton opened the public hearing and called for a staff report.
Jack Pace, Community Development Director, provided an overview of this issue.
On February 16, 2010 the Council adopted Ordinance No. 2277, which declared an emergency and enacted a 6-month moratorium on certain non-industrial uses within the City’s Manufacturing Industrial Center (MIC). State law requires the Council to conduct a public hearing within 60 days of adoption of the emergency moratorium.
The ordinance before the Council this evening includes findings of fact related to the moratorium. Additionally, there were a few issues that came to staff’s attention, and the amended ordinance proposes some clarifications that address existing businesses and park facilities. The changes allow existing buildings and uses that were legally established to continue to operate and make necessary tenant improvements.
Staff members from the Planning Division have started the process of collecting and studying the background data and policy regulations impacting the MIC. The study will likely result in a Comprehensive Plan/zoning map change, updates to the zoning and development regulations within the MIC, and updates to the planned action ordinance.
Mayor Haggerton called for public comments.
No public comments were received.
8:19 p.m. Mayor Haggerton closed the public hearing.
a. An ordinance amending Ordinance No. 2277, relating to the preservation of industrial land within the City’s Manufacturing Industrial Center; establishing a six-month moratorium on the acceptance of applications for and issuance of land use, building and development permits, business licenses and/or approvals for any change in use for certain non-industrial uses within the Manufacturing Industrial Center zone; adopting findings of fact supporting the establishment of the moratorium; providing for severability; and establishing an effective date.
MOVED BY DUFFIE, SECONDED BY HERNANDEZ 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, AMENDING ORDINANCE NO. 2277, RELATING TO THE PRESERVATION OF INDUSTRIAL LAND WITHIN THE CITY’S MANUFACTURING INDUSTRIAL CENTER; ESTABLISHING A SIX-MONTH MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR AND ISSUANCE OF LAND USE, BUILDING AND DEVELOPMENT PERMITS, BUSINESS LICENSES AND/OR APPROVALS FOR ANY CHANGE IN USE FOR CERTAIN NON-INDUSTRIAL USES WITHIN THE MANUFACTURING INDUSTRIAL CENTER ZONE; ADOPTING FINDINGS OF FACT SUPPORTING THE ESTABLISHMENT OF THE MORATORIUM; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 7-0 TO ADOPT ORDINANCE NUMBER 2280.
b. A resolution authorizing the Mayor to enter into an Interlocal Agreement to join and participate in projects with the members of the Fiber Optic Consortium.
MOVED BY HOUGARDY, SECONDED BY GRIFFIN THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY
MOTION CARRIED 7-0.
Christy O’Flaherty, City Clerk, read the proposed resolution by title only.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT TO JOIN AND PARTICIPATE IN PROJECTS WITH THE MEMBERS OF THE FIBER OPTIC CONSORTIUM.
MOVED BY HOUGARDY, SECONDED BY DUFFIE THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ.
MOTION CARRIED 7-0 TO ADOPT RESOLUTION NUMBER 1708.
c. A resolution fixing the time for a public hearing for vacation of right-of-way within the City of Tukwila dedicated for street purposes generally described as approximately 60 feet by 85 feet along 14403 51st Avenue South and within a portion of Old Macadam Road.
MOVED BY SEAL, SECONDED BY HERNANDEZ THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 7-0.
Christy O’Flaherty, City Clerk, read the proposed resolution by title only.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, FIXING THE TIME FOR A PUBLIC HEARING FOR VACATION OF RIGHT-OF-WAY WITHIN THE CITY OF TUKWILA DEDICATED FOR STREET PURPOSES, GENERALLY DESCRIBED AS APPROXIMATELY 60 FEET BY 85 FEET ALONG 14403 51st AVENUE SOUTH AND WITHIN A PORTION OF OLD MACADAM ROAD.
MOVED BY SEAL, SECONDED BY HERNANDEZ THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ.
MOTION CARRIED 7-0 TO ADOPT RESOLUTION NUMBER 1709.
d. Authorize the Mayor to sign Supplement #8 to Contract #02-108 with KPG, Inc. for Tukwila International Boulevard Phases II and III, in the amount of $181,903.40.
MOVED BY SEAL, SECONDED BY QUINN TO AUTHORIZE THE MAYOR TO SIGN SUPPLEMENT #8 TO CONTRACT #02-108 WITH KPG, INC. FOR TUKWILA INTERNATIONAL BOULEVARD PHASES II AND III, IN THE AMOUNT OF $181,903.40.
MOTION CARRIED 7-0.
e. Authorize the Mayor to sign Supplement #1 to Contract #10-019 with Fehr & Peers for the Transportation Element to the Comprehensive Plan, in the amount of $55,000.00.
MOVED BY SEAL, SECONDED BY HERNANDEZ TO AUTHORIZE THE MAYOR TO SIGN SUPPLEMENT #1 TO CONTRACT #10-019 WITH FEHR AND PEERS FOR THE TRANSPORTATION ELEMENT TO THE COMPREHENSIVE PLAN, IN THE AMOUNT OF $55,000.00. MOTION CARRIED 7-0.
Mayor Haggerton reported that on March 26-27, 2010 he attended the Transportation Improvement Board (TIB) meeting in Wenatchee. Due to a lack of funding within the TIB, the amount of $6 million that had been earmarked for the Tukwila South Development was in jeopardy. Mayor Haggerton and Lisa Verner, Project Manager, provided a written request, and the TIB approved $2 million toward the project. Since the bids for the Southcenter Parkway Extension project came in at 20% under the Engineer’s Estimate, the project can now proceed, and the City’s bonding for the project has been reduced to $4 million.
On March 29, 2010, the Mayor attended the Governor’s signing event for legislation affecting businesses struggling to find flood coverage due to conditions surrounding the Howard Hanson Dam. The signing event took place at Auburn High School and was attended by Governor Gregoire, Mayor Haggerton, Mayor Denis Law from Renton, Mayor Peter Lewis from Auburn, and State Insurance Commissioner Mike Kreidler.
On March 31, 2010 representatives from Senator Patty Murray’s office visited Tukwila City Hall for a meeting regarding the Senator’s plans to speak to citizens in the Green River Valley regarding potential flooding issues associated with the Howard Hanson Dam. On April 2, 2010, the Mayor attended the Valley Communications Administrative Board meeting.
b. City Council
Councilmember Duffie attended the pancake breakfast and Easter Egg Hunt at the Tukwila Community Center on April 3, 2010 and conveyed that it was a great turnout.
Councilmember Hernandez attended the March 24, 2010 Highline Forum where discussion of the SeaTac Airport, Part 150 Noise Study took place. It was suggested by representatives from the cities of Burien and Tukwila that consideration be given to sound walls on both the west and east sides of the airport. On March 31, 2010 she attended a presentation regarding a new faith based health center that will be opening in Tukwila. That same day she attended the Chamber of Commerce after-hours event at Billy Baroo’s at the golf course in Tukwila. On April 1, 2010, Ms. Hernandez attended the Equity and Diversity Commission meeting, where Assistant Police Chief, Don Lincoln, was a guest.
Council President Robertson referenced the upcoming Sign Code changes and asked Council to be mindful of the process if they get correspondence from businesses regarding sign issues.
Councilmember Ekberg attended the March 31, 2010 Chamber of Commerce event at Billy Baroo’s.
Councilmember Seal attended the pancake breakfast sponsored by the Rotary Club on April 3, 2010 that raised $600 for parks programs.
Councilmember Quinn attended the April 3, 2010 Easter Egg Hunt at the Tukwila Community Center and indicated it was extremely well attended. He extended appreciation to the volunteers who participated. He also reported that 2010 census numbers are down and emphasized the importance of community members completing the census forms. He wanted to bring this to the attention of City administration and the Council.
Steve Lancaster, City Administrator, reported that staff will be meeting with representatives from the Westfield Shopping Center regarding the Sign Code and a variety of issues.
Mr. Lancaster referenced a memorandum to the City Council from the City Clerk regarding an extensive public records request. The City Attorney will provide an overview of the City’s responsibilities regarding public records requests at this time.
d. City Attorney
Kari Sand, City Attorney’s Office, explained the Public Records Act involves a clear mandate that most government records must be maintained and be available for inspection and copying during regular business hours. The public has a right to know, and the definition of what constitutes a public record is broad in scope. It includes writings and electronic items, to include papers, photos, maps, videos, sound recordings, electronic records, emails and attachments, etc. It is the content and the function of the record that determines whether it is responsive to a request, not its form.
Ms. Sand indicated that if the matter is relevant to policy, directives, decisions, financial or legal matters, or other evidence of the function of local City business, then it is a public record. Additionally, personal email accounts, Blackberries, iPhones, iTouch, laptops, cell phones, or other electronic devices may be subject to public records request and may be discoverable in litigation if they are being used for City business.
By contrast, personal notes are usually not public records and do not have value as public records, provided such notes are informal and are not significant to policy creation or formulation. If they are not relied upon by the City in taking public action, then they are personal notes and not deemed public records.
All City records are available for review by the public unless they are specifically exempt or prohibited from disclosure by statute. The Attorney’s Office reviews requests to determine if redactions are necessary. It is important to note that records must be disclosed unless an exemption specifically applies.
Public records requests must be responded to within 5 business days of receipt with 1 of 3 responses: (1) Produce the record; (2) Provide an estimate of how long it will take to produce the record; (3) In rare cases, the request may be denied and will be accompanied with an explanation and basis for the denial.
The City Clerk’s Office handles the coordination of public records requests. While responding to public records requests can be difficult, expensive and time consuming, there can be penalties, attorney fees and costs imposed against the City if they are not handled properly. The City must respond in a courteous, efficient and timely manner. The public is both our client and our employer.
Ms. Sand explained there are various retention periods for records, and the Council is not responsible for maintaining those records that are mass-produced such as the Council agenda packet.
Council President Robertson indicated he has asked the City Clerk’s Office to provide the Council a list of public records requests received by the City in 2010.
The Council Analyst was not present at this time.
Councilmember Hernandez relayed that the postal carrier at her home informed her there are problems with residents and multi-family buildings receiving census forms. She intends to contact the census office to bring this to their attention.
Mayor Haggerton indicated the March 27, 2010 fundraiser by the Tukwila Rotary Club at Acme Bowl raised $10,200 for the Tukwila Food Pantry.
Council President Robertson indicated he is striving to ensure the tasks assigned to the Council’s staff person are “analyst” in nature. He is also attempting to bring the hours worked down to 40, and she will not be attending Regular Meetings. He will keep the full Council informed as changes occur.
8:59 p.m. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE TUKWILA CITY COUNCIL MEETING BE ADJOURNED. MOTION CARRIED 7-0.