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HomeMy WebLinkAbout2009-09-08 Regular MinutesROLL CALL CITY OFFICIALS Tukwila City Council City Hall Council Chambers MINUTES CALL TO ORDER /PLEDGE OF ALLEGIANCE /ROLL CALL Regular Meeting September 8, 2009 7:00 P.M. Mayor Haggerton called the Regular Meeting of the Tukwila City Council to order at 7:05 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, Pam Linder, Dennis Robertson, Verna Griffin, Kathy Hougardy, De'Sean Quinn. Rhonda Berry, City Administrator; Shelley Kerslake, City Attorney; Shawn Hunstock, Finance Director; Peggy McCarthy, Deputy Finance Director; Bob Giberson, Interim Public Works Director; Jack Pace, Community Development Director; Dave Haynes, Police Chief; Nick Olivas, Fire Chief; Mary Miotke, Information Technology Director; Christy O'Flaherty, City Clerk. AGENDA AMENDMENT MOVED BY LINDER, SECONDED BY GRIFFIN TO AMEND THE AGENDA TO CONSIDER NEW BUSINESS ITEM 7C (A RESOLUTION REGARDING THE HOWARD HANSON DAM) AS THE FIRST ITEM UNDER NEW BUSINESS. MOTION CARRIED 7 -0. SPECIAL PRESENTATIONS a. Promotion of Eric Dreyer to Police Commander David Haynes, Police Chief David Haynes, Police Chief, introduced Eric Dreyer to the Council. Commander Dreyer began as a reserve officer in Mukilteo and then as a career officer for the Tukwila Police Department. Prior to becoming a police officer, he earned a Bachelor's in Sociology from the University of Washington. While with the City, he earned a Distinguished Service Award in 2008 for his work on the Tukwila Police Department's 100 anniversary. Mayor Haggerton administered the Oath of Office to Commander Dreyer, and his wife pinned on his badge. The Mayor, Council and audience congratulated Commander Dreyer on his promotion. b. Fire Department Awards Nick Olivas, Fire Chief Nick Olivas, Fire Chief, presented the Valorous Unit Citation to Captain Marty Roberts and Firefighters, Jason Karwhite, Alan Codenys and Brian Willis for their fast, professional aerial rescue of a window washer who fell from his bosun's chair and was hanging from his harness. Chief Olivas also presented the Valorous Unit Citation to Captain Ken Beckman and Firefighters, Brandon Kim and Patrick O'Brien for their rapid rescue of a victim trapped in a burning building who was moments away from death. Chief Olivas presented the Medal of Commendation to Battalion Chief Don Tomaso, Captain Jack Waller, Captain Steve Wheeler, Inspector Al Metzler, Captain Pat McCoy, and Fire Prevention Secretary Norita Deckard, for their work on the upgrade to Westfield Mall's fire prevention and alarm system. Their excellent work has resulted in an unprecedented near -zero rate of false alarms and state -of- the -art fire protection systems. Tukwila City Council Regular Meeting Minutes September 8. 2009 Page 2 of 7 The Mayor, Councilmembers, and audience thanked and acknowledged the members of the Fire Department for their distinguished service to the community. PROCLAMATIONS A proclamation designating the week of September 7, 2009 as National Payroll Week Mayor Haggerton read a proclamation declaring September 7 -11, 2009 as National Payroll Week. The Mayor presented the proclamation to Jennifer Ferrer Santalnes, the City's Payroll Coordinator. The Mayor and Council thanked Ms. Santalnes for the essential work she performs for the City. CITIZEN COMMENTS Dan Harrington, 15183 Sunwood Boulevard, expressed concern that the King County Assessor's Office does not have the ESALES feature available for the City of Tukwila on their website. This makes it impossible for citizens to utilize the internet to attain necessary information regarding their property. Councilmember Robertson inquired as to the possibility of the County categorizing Tukwila as "Seattle." Mr. Harrington indicated he did not feel that was the case as other area cities such as SeaTac, Renton and Federal Way are identifiable in the database. Mayor Haggerton indicated the City would look into this situation. CONSENT AGENDA a. Approval of Minutes: 8/17/09 (Regular); 8/24/09 (Special) b. Approval of Vouchers #348756- #348976 and #200909081 #200909083 in the amount of $1,066,704.07. MOVED BY DUFFIE, SECONDED BY QUINN THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED 7 -0. UNFINISHED BUSINESS An ordinance authorizing the execution of an amended and restated Interlocal Agreement relating to the South Correctional Entity Facility AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2223, RELATING TO THE INTERLOCAL AGREEMENT FOR THE SOUTH CORRECTIONAL ENTITY FACILITY, TO MODIFY DEBT SERVICE SHARES AND HOST CITY DESIGNATION; APPROVING ITS EXECUTION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY LINDER, SECONDED BY DUFFIE 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. MOVED BY DUFFIE, SECONDED BY LINDER THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2247. NEW BUSINESS AGENDA AMENDMENT Consideration of Item 7c, per page 1 Tukwila City Council Regular Meeting Minutes September 8, 2009 Page 3 of 7 c. A resolution declaring a local emergency due to flood control capabilities of the Howard Hanson Dam A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING A LOCAL EMERGENCY DUE TO FLOOD CONTROL CAPABILITIES OF THE HOWARD HANSON DAM. MOVED BY HERNANDEZ, SECONDED BY DUFFIE 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. MOVED BY HERNANDEZ, SECONDED BY LINDER THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ.* Hillman Mitchell, Emergency Management Coordinator, explained this emergency declaration will help the City procure materials for preparation and response in case of any disaster. The weakened condition of the Howard Hanson dam clearly poses a significant flood threat, and the City must be proactive in preparing for that risk. Councilmember Linder asked whether the emergency declaration would change the procurement bidding process. Mr. Mitchell explained the declaration expedites that process, and the City must still abide by certain procurement procedures. Councilmember Robertson inquired if there were any other powers or authority that would go along with the emergency declaration. Mr. Mitchell replied the City would not enact all the authorities that would normally be undertaken during an active disaster. Councilmember Robertson asked if the Council would have to authorize those additional authorities or powers for an actual emergency, or if the current emergency declaration would cover those future enactments. Mr. Mitchell conveyed they would be able to move forward as necessary and call people in for extended periods of work if necessary. Councilmember Robertson requested that a listing of the authorities be provided to the Council. Rhonda Berry, City Administrator, responded that a summary could be provided, and that it may not be all inclusive. The functions are primarily operational in nature, and those authorities would still need to be approved by the Mayor. Councilmember Quinn indicated that other cities have passed similar language for emergency management and public works measures. The purpose is not only to have materials in place to respond to a disaster, but also to match the work being done by other cities to reduce the threat. Ms. Berry explained the measure specifies only those powers, functions and duties that are necessary, and it is not possible to know in advance exactly what those specifics will entail. Mr. Mitchell indicated he would prepare a list both for the preparedness phase and the active emergency phase. Councilmember Griffin asked if Tukwila's Fire and Police Departments are coordinating with nearby cities as part of a joint, coordinated response. Mr. Mitchell replied that Tukwila is part of the Green River Regional Planning Group. Both the Police and Fire Departments have been a part of that group for some time. That regional planning group exists to identify interdependencies between the cities and fill any gaps in the overall process. As the cities review existing plans and develop new plans, that regional collaboration will help ensure they are realistic and comprehensive. Councilmember Linder inquired what Tukwila's specific issues and goals are within that regional response plan. Mr. Mitchell replied the City already has an existing comprehensive emergency management plan. It is an all- hazards plan that provides a guide for how to respond to many types of disasters. The flood risk posed by the dam is actually a risk much better understood and prepared for than other, unprecedented events like a tsunami or bad earthquake. Police, Fire, Public Works and most other departments are Tukwila City Council Regular Meeting Minutes September 8, 2009 Page 4 of 7 involved in refining that response plan. The City is also in the process of scheduling community meetings to help the public understand the plan as well. Councilmember Quinn asked how the Councilmembers could be helpful to this effort. He also asked how Tukwila might best be able to cooperate with other cities in ways that will offer the greatest protection to the City and the region as a whole. Mr. Mitchell replied their planning cannot circumvent existing policy, so the flood planning group must return to the various City Councils to ensure that policy and program are in synch. The group is also working with the King County Office of Emergency Management, as well as state -level emergency management officials. Additionally, the cities are conducting various educational efforts. Jeremy Eide, 3340 South 140th, expressed the desire to volunteer in this effort. Mr. Mitchell expressed appreciation and indicated he would provide him the necessary information to become involved. Mayor Haggerton explained that due to the regional significance of this issue, both he and Council President Hernandez would sign the resolution. Councilmember Linder asked if a tour of the dam could be arranged for the Councilmembers. Mr. Mitchell indicated he would contact the Army Corps of Engineers to see if a tour could be arranged. Mayor Haggerton explained that federal agencies will not reimburse cities if they take emergency action before an emergency exists. It is important to pass that message on to members of the commercial and residential community. Councilmember Quinn expressed that it could be problematic for Tukwila if other cities decided to build up their levees. Tukwila would then be forced to spend money to match that construction and may not be reimbursed. Mr. Mitchell explained that the members of the regional planning group are striving to address the levee system as a regional matter and not on a city -by -city basis. Dan Harrington, 15183 Sunwood Boulevard, referenced the area currently occupied by the Southcenter Mall used to be a swamp land. He would have liked to see more educational offerings provided during the City's Centennial celebration. *MOTION CARRIED 7 -0 TO ADOPT RESOLUTION NUMBER 1689. NEW BUSINESS Continued a. Award a contract to Reed Trucking and Excavating, Inc. for the Gilliam Creek Basin Stormwater Overflow project in the amount of $360,530.00 MOVED BY HERNANDEZ, SECONDED BY LINDER TO AWARD A CONTRACT TO REED TRUCKING AND EXCAVATING, INC. FOR THE GILLIAM CREEK BASIN STORMWATER OVERFLOW PROJECT IN THE AMOUNT OF $360,530.00.* Council President Hernandez indicated this item was discussed at the Utilities Committee meeting on August 25, 2009, and the committee members were unanimous in recommending approval. The Gilliam Creek Basin Overflow project will construct a 24' overflow pipe along Strander Boulevard between Andover Park West and Andover Park East. The overflow pipe will allow Gilliam Creek Basin to drain to the Strander Boulevard Pump Station to reduce potential flooding. This issue is part of the Howard Hanson Dam Flood Response Plan. The low bid was from Reed Trucking and Excavating in the amount of $360,530.00. Due to the urgency to begin construction on this project, it was forwarded directly to the Regular Meeting. *MOTION CARRIED 7 -0. b. An ordinance relating to diversion facilities and diversion interim service facilities for the treatment of mentally ill and chemically- dependent adults in crisis, adopting a six -month Tukwila City Council Regular Meeting Minutes September 8, 2009 Page 5 of 7 moratorium on establishing such uses and on the acceptance and /or processing of applications related thereto and declaring an emergency AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON; RELATING TO DIVERSION FACILITIES AND DIVERSION INTERIM SERVICE FACILITIES FOR THE TREATMENT OF MENTALLY ILL AND CHEMICALLY DEPENDENT ADULTS IN CRISIS, ADOPTING A SIX -MONTH MORATORIUM ON ESTABLISHING SUCH USES AND ON THE ACCEPTANCE AND /OR PROCESSING OF APPLICATIONS RELATED THERETO; PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY; 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. MOVED BY HERNANDEZ, SECONDED BY LINDER THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* The ordinance will adopt a six -month moratorium on acceptance and /or processing of applications related to diversion facilities and diversion interim service facilities for the treatment of mentally ill and chemically dependent adults in crisis. A public hearing will be held within 60 days to provide findings of fact. Jack Pace, Community Development Director, explained that if law enforcement officers encounter individuals who are mentally ill or chemically induced, they are taken to an emergency room or to the County jail. King County is pursuing other alternatives for those individuals who need to be restrained for their own safety and the safety of others. Diversion facilities are utilized for these types of scenarios. Various agencies have approached the City about building such a facility in Tukwila. An issue of concern is whether zoning will allow for this type of use. Additionally, many of the individuals who enter a diversion facility are homeless and will have nowhere to go upon release. The moratorium is necessary to allow staff time to fully investigate the various implications of siting this type of facility in the City. The Councilmembers expressed support for the moratorium. Councilmember Quinn also indicated this matter represents a core human services issue. Tukwila's proximity to transportation may make the City an attractive option for siting such a facility, and it is important the City become involved in discussions at a regional level. *MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2248. REPORTS a. Mayor Mayor Haggerton reported that he and Hillman Mitchell, Emergency Management Coordinator, met with representatives from Senator Maria Cantwell's Office regarding issues involving the Howard Hanson Dam. They stressed the necessity of conveying the urgency of this situation to our elected officials in Washington D.C. The Mayor indicated that on September 11, 2009, there will be a 9/11 ceremony at the City Hall flagpole at 9:00 a.m. There will also be a volunteer appreciation event at 6:00 p.m. at the Foster Golf Course that same evening. On Saturday, September 12, 2009, the Tukwila Time Capsule will be buried at City Hall at noon. The Mayor indicated he has been notified there are coyotes being spotted in Tukwila. King County Animal Control does not handle issues relating to coyotes, and the Department of Fish and Wildlife has indicated it is necessary for coyotes and citizens to co- exist. b. City Council Councilmember Duffie indicated he will be hosting the Council Coffee Chat on Saturday, September 12, 2009 from 10:00 -Noon at the Starbucks on Interurban Avenue South. He reported there are issues with vandalism and young people in Tukwila. Tukwila City Council Regular Meeting Minutes September 8, 2009 Page 6 of 7 Council President Hernandez attended the Lodging Tax Advisory Board meeting on August 27, 2009. Katherine Kertzman, Tukwila's Tourism Manager, has been selected by her peers to be part of Governor Gregoire's Tourism Commission. Ms. Hernandez also attended the Government Affairs Committee meeting on September 1, 2009 and the Equity and Diversity Commission meeting on September 3, 2009. Councilmember Hougardy congratulated Council President Hernandez for being selected as a "Woman in Power, Politics and Government." A luncheon will be held in her honor at the China Harbor Restaurant on September 25, 2009. c. Staff Rhonda Berry, City Administrator, conveyed City staff members are working with parents at Cascade Elementary School on a safe routes to school pilot project. This involves increased awareness regarding safe ways and routes for students who are not driven or bused to their schools. Cascade Elementary has the highest percentage of students in Tukwila who walk to school. d. City Attorney There was no report. e. Intergovernmental The Council Analyst was not present. MISCELLANEOUS Councilmember Robertson distributed a letter from the State of Washington Department of Transportation regarding use of contractors as opposed to the Public Works Department as it relates to the Tukwila South project. The letter indicates that funds used for contracted services would not be approved by the state. Shelley Kerslake, City Attorney, explained the City receives authority from the state to administer federal funds received for highway projects. As part of that arrangement, certain functions have been designated as City staff functions, including the review and approval of highway design plans. Those functions are not anticipated to be contracted out to KPFF or Anchor QEA. Rather, those are review and signatory functions, which will remain with the Public Works Department. The oversight of the project will stay with KPFF and Anchor and will have no implication on the City's authority as granted by the state. City staff has been contacted by the state, clarifying that the only things that need to be retained by the Public Works Department are those signatory and approval items. Mayor Haggerton relayed that the confusion around this issue has been resolved. Councilmember Quinn encouraged the Council to scrutinize the language in Initiative 1033, which is upcoming as a ballot measure. (Title oft-1033: This measure would limit growth of certain state, county and city revenue to annual inflation and population growth, not including voter approved revenue increases. Revenue collected above the limit would reduce property tax levies.) The implications for the City are significant, and he would like to see a work session on this issue. Councilmember Griffin inquired if the Council could adopt a resolution in opposition to this initiative. Councilmember Robertson asked if the Council could write a newspaper article to explain their position on this issue. Shelley Kerslake, City Attorney, explained the Council cannot use City facilities for campaign purposes, which includes support or opposition to an initiative. The Councilmembers are free to speak as concerned citizens. If the Council passes a resolution either for or against a measure, then any member of the Council can speak on behalf of the Council if it is consistent with that resolution. Tukwila City Council Regular Meeting Minutes September 8, 2009 Page 7 of 7 Mayor Haggerton inquired if they could write articles for local newspapers to get the word out on how catastrophic the consequences would be to the City. Ms. Kerslake replied that would be acceptable. ADJOURNMENT 8:45 p.m. MOVED BY DUFFIE, SECONDED BY GRIFFIN THAT THE TUKWILA CITY COUNCIL MEETING BE ADJOURNED. MOTION CARRIED 7 -0. Jim Mayor Hag t 77 G� l/v CJ4 0F y6 f Minutes prepared by Lady of Letters, Inc. Reviewed by Christy O'Flaherty, City Clerk APPROVED BY THE CITY COUNCIL: 10/5/2009