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HomeMy WebLinkAbout2011-04-04 Regular Minutes Tukwila City Council Regular Meeting City Hall Council Chambers April 4, 2011 7:00 P.M. MINUTES REGULAR MEETING 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. CITY OFFICIALS Jim Haggerton, Mayor; Steve Lancaster, City Administrator; Joyce Trantina, Executive Assistant; Sara Springer, Assistant City Attorney; Shawn Hunstock, Finance Director; Bob Giberson, Public Works Director; Nora Gierloff, Deputy Community Development Director; David Haynes, Police Chief; Don Lincoln, Assistant Police Chief; Rick Still, Parks and Recreation Director; Stephanie Brown, Human Resources Director; Bao Trinh, Acting IT Director; Kimberly Walden, Municipal Court Judge; Trish Kinlow, Court Administrator; Nick Olivas, Fire Chief; Don Tomaso, Fire Marshal; Christy O'Flaherty, City Clerk. ROLL CALL Christy O'Flaherty, City Clerk, called the roll of the Council. Present were Councilmembers Joe Duffie, Joan Hernandez, Allan Ekberg, Dennis Robertson, Verna Seal, and De'Sean Quinn. MOVED BY DUFFIE, SECONDED BY HERNANDEZ TO EXCUSE COUNCILMEMBER HOUGARDY FROM THE MEETING. MOTION CARRIED 6 -0. SPECIAL PRESENTATIONS a. Employee Recognition and Awards Joyce Trantina, Executive Assistant in the Mayor's Office, explained the employee recognition and awards process. She indicated that recipients of the departmental awards were nominated by their co- workers. In the case of the 4 City -wide awards, a Committee was formed to review nominations based on specific criteria. Mayor Haggerton acknowledged the following departmental award winners, and asked those in attendance to stand. City Hall Melissa Hart, Deputy City Clerk Municipal Court Trish Kinlow, Court Administrator Community Development Teri Svedahl, Administrative Support Technician Finance Department Cindy Wilkins, Fiscal Specialist Fire Department Mike McCoy and Jason Konieczka, Firefighters Parks and Recreation Nate Robinson, Program Specialist Police Department Eric Drever and Bruce Linton, Commanders Public Works Bang Nguyen, Street Maintenance Specialist IT Department All staff members: Bao Trinh, Tami Eberle- Harris, Mike Marcum, Guy Bollinger, Scott Kirby, Eric Compton, Stacia Norris Mayor Haggerton presented the 4 City -wide awards to the following staff members: Excellence in Action Craig Zellerhoff, Fiscal Coordinator, Finance Department Successful and enthusiastic implementation of the purchasing card system, online timecards, and travel policy. Tukwila City Council Regular Meeting Minutes April 4, 2011 Page 2 of 8 Outstanding Customer Service Kristina Thorne, Administrative Support Specialist, Tourism Office Exceptional internal and external skills to ensure all customers receive the highest level of service. Community Service Award Kimberly Matej, Council Analyst Participation in the 3 -day, 60 -mile breast cancer walk and engaging City of Tukwila staff involvement to raise over $5,800 for the cause. Mayor's Award Kimberly Matej, Council Analyst Selfless dedication in working with the Council and Administration during a challenging budget cycle. The Mayor and City Council acknowledged and applauded all of the award winners and thanked them for their commitment to the work of the City. b. Update on Somali Youth Services Programs: Coach Mohamed Haji, East African Youth Sports; Mohamed Hassan, Somali Community Services Coalition Don Lincoln, Assistant Police Chief, introduced Mohamed Haji, Director of East African Youth Sports. Coach Haji and members of his team in the audience expressed appreciation to the City for assisting with the purchase of team uniforms. They presented Mayor Haggerton with an honorary team jacket as a token of appreciation. Assistant Chief Lincoln explained that the Police Department received a small grant in 2010 for community outreach, and some of those funds were used to acquire uniforms and equipment for the team. c. State of the Municipal Court Judge Kimberly Walden Kimberly Walden, Municipal Court Judge, provided an overview of activity in the court for 2010. Some of the statistics for 2010 are as follows: Criminal Case Filings 2,478 Civil Case Filings 4,734 Hearings Conducted 13,500 Defendants on Probation 287 Judge Walden also provided a summary of programs the Court has initiated that not only save money, but help to deter illegal activity: Consumer Awareness Class: This class, which is ordered by the court for defendants who have theft charges, provides instruction regarding exercising better judgment. There were 169 participants in 2010, and of those participants only 6 have committed new theft offenses since completing the class. Judge Walden estimates that if 84 of the participants had not attended as ordered by the court, the cost of one day in jail would have been $30,000. The participants in the class paid fees equaling $4,950, and the net cost to the City was $390. Jail Alternatives Program: Savings from Pre -Trial Home Monitoring $220,000 Savings from Day Reporting $17,000 Savings from Community Work and Elective Day Reporting $27,000 Total Jail Savings $264,000 Court Accomplishments for 2010 involve community outreach efforts to include members of the court staff helping in Tukwila schools; involvement by the Judge and court staff in educating their peers on best practices; enhanced juror notification process through the use of Facebook and Twitter. Goals for 2011 involve ongoing efforts toward a paperless Court, standardization of SCORE jail processes; expanding community outreach, and an increase in state -wide roles. The Mayor and City Councilmembers thanked Judge Walden and the entire court staff for the innovative and effective problem solving efforts they provide for issues involving the court. Tukwila City Council Regular Meeting Minutes April 4, 2011 Page 3 of 8 CITIZEN COMMENTS Steve Rydeen, Tukwila firefighter and President of Local 2088, referenced the information posted on the Tukwila Police Guild website regarding the recent decision to close casinos in the City (by 2016). He emphasized that the fire union stands with the police union on this issue and urged the Council to reconsider the decision. Last year there was a budget deficit of $9 million. He is concerned about where the $2 million dollar loss from closing the casinos will come from and about the 500 people who will lose their jobs. His fear is that we will not be able to provide services to citizens. In his view, this is not good for the citizens and he would like the ordinance reconsidered. Joanne McManus, 5610 South 133` Street, said she gambles once every other month with the senior group and enjoys herself. She lives on Foster Point close to the casinos and never sees or hears anything; they are just like any other business. She is concerned about the people who will lose their jobs because of this and also about the services to the citizens that may be lost. She does not want to see less police or fire employees or services for kids and seniors. She asked the Council to reconsider this law and work with the legislature if necessary. CONSENT AGENDA Approval of Vouchers: #357024 357118 and #110302- 110306 in the amount of $830,683.25. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED 6 -0. BID AWARDS Authorize the Mayor to award a contract to Pacific Golf and Turf for the purchase of 34 gas powered golf carts in the amount of $114,030.00. MOVED BY SEAL, SECONDED BY DUFFIE TO AUTHORIZE THE MAYOR TO AWARD A CONTRACT TO PACIFIC GOLF AND TURF FOR THE PURCHASE OF 34 GAS POWERED GOLF CARTS IN THE AMOUNT OF $114,030.00.* Councilmember Robertson explained he would rather not commit funding this year to this expenditure and would prefer that the current golf carts be repaired. Councilmember Hernandez indicated this item was budgeted and the Council approved the budget. ROLL CALL VOTE: DUFFIE YES HERNANDEZ YES EKBERG NO ROBERTSON NO SEAL YES QUINN YES *MOTION CARRIED 4 -2, WITH EKBERG AND ROBERTSON VOTING NO. UNFINISHED BUSINESS a. Code Amendments (1) An ordinance establishing special provisions for 5 -story type V -A construction to be codified at Tukwila Municipal Code Chapter 16.05. MOVED BY HERNANDEZ, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 6 -0. Tukwila City Council Regular Meeting Minutes April 4, 2011 Page 4 of 8 Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING SPECIAL PROVISIONS FOR 5 -STORY TYPE V -A CONSTRUCTION, TO BE CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 16.05, "5 -STORY TYPE V -A BUILDINGS PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 6 -0 TO ADOPT ORDINANCE NUMBER 2326. (2) Fire Code Updates: (a) An ordinance updating regulations regarding fire protection systems in new and existing buildings as codified at Tukwila Municipal Code Chapter 16.42. MOVED BY HERNANDEZ, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 6 -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, UPDATING REGULATIONS REGARDING FIRE PROTECTION SYSTEMS IN NEW AND EXISTING BUILDINGS WITHIN THE CITY OF TUKWILA, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 16.42; REPEALING ORDINANCE NOS. 2050, 2130 AND 2167; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY HERNANDEZ, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 6 -0 TO ADOPT ORDINANCE NUMBER 2327. (b) An ordinance updating regulations regarding automatic fire alarm systems in new and existing buildings as codified at Tukwila Municipal Code Chapter 16.40. MOVED BY HERNANDEZ, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 6 -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, UPDATING REGULATIONS REGARDING AUTOMATIC FIRE ALARM SYSTEMS IN NEW AND EXISTING BUILDINGS WITHIN THE CITY OF TUKWILA, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 16.40; REPEALING ORDINANCE NOS. 2051, 2131 AND 2168; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY QUINN, SECONDED BY HERNANDEZ THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 6 -0 TO ADOPT ORDINANCE NUMBER 2328. (c) An ordinance updating certain fire protection standards for the construction of high -rise buildings. MOVED BY HERNANDEZ, SECONDED BY SEAL THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 6 -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, REPEALING ORDINANCE NOS. 2053, 2083 AND 2133, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 16.48; UPDATING CERTAIN FIRE PROTECTION STANDARDS FOR THE CONSTRUCTION OF HIGH -RISE BUILDINGS WITHIN THE CITY OF TUKWILA; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Tukwila City Council Regular Meeting Minutes April 4, 2011 Page 5 of 8 MOVED BY HERNANDEZ, SECONDED BY SEAL THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 6 -0 TO ADOPT ORDINANCE NUMBER 2329. (d) An ordinance establishing new regulations to be codified at Tukwila Municipal Code Chapter 16.46 regarding certain fire protection standards for the construction of mid -rise buildings. MOVED BY HERNANDEZ, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 6 -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, ESTABLISHING NEW REGULATIONS TO BE CODIFIED AT TUKWILA MUNICIPAL CODE, CHAPTER 16.46, REGARDING CERTAIN FIRE PROTECTION STANDARDS FOR THE CONSTRUCTION OF MID -RISE BUILDINGS WITHIN THE CITY OF TUKWILA; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY HERNANDEZ, SECONDED BY EKBERG THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 6 -0 TO ADOPT ORDINANCE NUMBER 2330. (3) An ordinance to classify fire lane parking violations as a civil infraction. MOVED BY HERNANDEZ, SECONDED BY EKBERG THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 6 -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. 2290, §8 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 16.16.070, "AMENDMENTS TO THE INTERNATIONAL FIRE CODE," AND AMENDING ORDINANCE NO. 2290, §13, AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 16.16.110, "VIOLATIONS— PENALTIES," TO CLASSIFY FIRE LANE PARKING VIOLATIONS AS A CIVIL INFRACTION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY HERNANDEZ, SECONDED BY EKBERG THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 6 -0 TO ADOPT ORDINANCE NUMBER 2331. b. A resolution stating interest in commencing negotiations for an Interlocal Agreement with King County to annex a certain unincorporated island of territory known as the North Highline Potential Annexation Area. 8:17 p.m. Councilmember Quinn recused himself from discussion on this item and left the Council Chambers. MOVED BY SEAL, SECONDED BY DUFFIE THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 5 -0, WITH QUINN RECUSED. Christy O'Flaherty, City Clerk, read the proposed resolution by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, STATING INTEREST IN COMMENCING NEGOTIATIONS FOR AN INTERLOCAL AGREEMENT WITH KING COUNTY TO ANNEX A CERTAIN UNINCORPORATED ISLAND OF TERRITORY KNOWN AS THE "NORTH HIGHLINE POTENTIAL ANNEXATION AREA' IN TUKWILA'S COMPREHENSIVE PLAN. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ.* Tukwila City Council Regular Meeting Minutes April 4, 2011 Page 6 of 8 Councilmember Robertson emphasized that this resolution does not commit the City to annexing this area, and will allow time for the City to gather additional information. Councilmember Seal explained this resolution ensures the City has a seat at the table as the process moves forward. Mayor Haggerton said this area has been on the City's potential annexation area map for many years, and it is important for the City to explore the possibilities. *MOTION CARRIED 5 -0, WITH QUINN RECUSED, TO ADOPT RESOLUTION NUMBER 1737. 8:20 p.m. Councilmember Quinn returned to the Council Chambers. c. Authorize the Mayor to sign a lease agreement with Clear Channel Outdoor, Inc. for the operation of a digital billboard. MOVED BY SEAL, SECONDED BY EKBERG TO AUTHORIZE THE MAYOR TO SIGN A LEASE AGREEMENT WITH CLEAR CHANNEL OUTDOOR, INC. FOR THE OPERATION OF A DIGITAL BILLBOARD.* Councilmember Robertson is voting in favor of this because it will involve the removal of 10 other billboards, which has been a long -term goal of the City. *MOTION CARRIED 5 -1, WITH DUFFIE VOTING NO. NEW BUSINESS Authorize the Mayor to sign a change order with Atkinson Construction to institute project acceleration for the Tukwila Urban Access (Klickitat) Project, in the amount of $493,000.00. Bob Giberson, Public Works Director, utilized a Powerpoint presentation to provide an overview of this item. The contract with Atkinson Construction for the Tukwila Urban Center Access Project was executed in January of 2011. The contract includes incentives and disincentives to ensure that the construction is completed before the holiday season. The disincentive allows the City to withhold $25,000 per day from the Contractor's final payment for each day the road is not opened after November 16, 2011. The incentive requires the City to pay $25,000 per day to the Contractor for each day the road is opened before November 1, 2011 up to a maximum of $250,000. (This cost is already included in the project budget.) The Contractor's proposed project baseline schedule was approved on March 11, 2011. This schedule has an early completion date of October 13, 2011. The schedule assumes a work week of five days per week and eight hours per day. The Contractor did not propose to use weekends, nights, or longer shifts to accomplish the construction work. There is an opportunity for the City to pay for acceleration beyond the incentive provided in the contract. The Contractor's analysis indicates that if he works longer days and adds Saturdays, and potentially Sundays to his schedule (barring any unforeseen changes or weather delays), he could reopen the entire road by September 1, 2011 (early morning). The added cost to work the additional overtime has been estimated to be $11,000 per day. There is also a one -time cost for the Contractor to revise his project schedule and make necessary changes to accomplish the new schedule at an estimated cost of $20,000. The Contractor would begin incurring both of these expenses immediately upon approval of this change order. There is no guarantee the contract would be completed ahead of schedule; however, the Contractor would only be reimbursed the $11,000 per day of early completion prior to the current scheduled opening day of October 13, 2011. If the City were to cause delay to the Contractor by making changes or due to unforeseen conditions, the City would have to compensate the Contractor for the $11,000 per day acceleration cost. A worst case scenario would be if something happens, and the City cannot apportion blame or delay, whereby the contractor would receive the incentive and acceleration amounts and the road would end up opening Tukwila City Council Regular Meeting Minutes April 4, 2011 Page 7 of 8 later. While this is not anticipated, there is a possibility based on issues that would be beyond the City's control. The maximum cost for this change order would be $493,000 (or $11,000 per day for 43 days, plus the $20,000 scheduling cost). This minor increase to the LID has been brought to the attention of as many of the businesses in the Southcenter area as possible. The cost for this acceleration proposal would add $493,000 to the project cost, which would work out to a cost per property of between $0.02 and $0.04 per square foot of land depending on the property's type and location. As an example, for a 100,000 square foot lot (about 2.5 acres) this would range from $1,000 to $2,000 (or $67 to $133 per year). The Councilmembers asked clarifying questions of staff regarding various aspects of the information presented. Mayor Haggerton called for public comments on this issue. Jeff Jones, 16501 Southcenter Parkway, represents Outback Steakhouse. He expressed that the economic downturn has negatively impacted their business for the last 3 years. This change order will cost them approximately $2,000, and they are losing almost that much on a daily basis since the construction began. They support a decision to accelerate the project and see it as a "slam dunk" from an economic impact standpoint. They would like to see the project completed as quickly as possible. Mary Alexander representing the Men's Wearhouse supports moving as quickly as possible. From her observations, there are less people in the stores and businesses are looking at layoffs. Bob Schofield represents 6 pieces of property in the City on Strander Boulevard and Southcenter Parkway. He asked that the City pass the acceleration amendment tonight as the impact to the businesses due to the construction is staggering. He has tenants who may not be able to renew their lease even if their rent is lowered. If customers leave the City and find other places to shop, they may not come back. The loss of sales tax will have a negative impact on the citizens, and we need to get the road open as soon as possible. In his view, not only should the acceleration occur, but the City should go beyond and have the contractor working the maximum hours per day, 7 days per week. Christian Faltzberger represents Westfield Southcenter Mall. He would prefer to eliminate the original $250,000 incentive first, and then get into the $11,000 per day amount when the 10 -day period has been surpassed. Robert Gong represents the Mayflower Restaurant on Southcenter Parkway. They have seen a significant drop in business due to the closure of the road, with the past week showing a 35% reduction. Those customers who did make it in indicated they would not be back due to the hassle and confusion. With the loss of thousands of dollars in business daily, they may have to consider layoffs. He strongly encouraged the Council to pass the proposal to accelerate the construction project. MOVED BY HERNANDEZ, SECONDED BY SEAL TO AUTHORIZE THE MAYOR TO SIGN A CHANGE ORDER WITH ATKINSON CONSTRUCTION TO INSTITUTE PROJECT ACCELERATION FOR THE TUKWILA URBAN ACCESS (KLICKITAT) PROJECT, IN THE AMOUNT OF $493,000.00.* The Councilmembers discussed this issue with an emphasis on the importance of doing everything possible to minimize and mitigate the impacts to the area businesses. Mayor Haggerton relayed that City staff are proactively taking steps to alleviate adverse effects and asked the Public Works Director to provide input as to the use of cameras at City intersections. Bob Giberson, Public Works Director, explained the City has a Transportation Operations Center at the Minkler Shops. City staff can monitor the traffic flow and make real -time, adaptive changes, particularly during peak hours to alleviate traffic related issues. They are also working with the Washington State Department of Transportation to coordinate the timing of signals and signage. *MOTION CARRIED 6 -0. Tukwila City Council Regular Meeting Minutes April 4, 2011 Page 8 of 8 REPORTS a. Mayor On March 29, 2011 Mayor Haggerton attended the special Council Work Session regarding the Tukwila Pool. On March 30, 2011 he attended the reception at the Tukwila Heritage and Cultural Center, which is turning out to be a beautiful facility. The Mayor attended the April 1, 2011 Valley Communications Administrative Board Meeting, where Lora Ueland was approved to be the Interim Executive Director. b. City Council Councilmember Hernandez attended the March 30, 2011 reception at the Tukwila Heritage and Cultural Center. Council President Ekberg reported that he will not be in attendance at the April 18, 2011 Council Meeting. Councilmember Robertson reported that the Fire Exploratory Committee has had its first meeting. Councilmember Seal attended the King County LEOFF I Board Meeting on March 30, 2011. She also referenced the community significance of the "Foster Rock" (located at Foster High School) as a gathering place for kids and families to come together during times of strife. c. Staff There was no report. d. City Attorney There was no report. e. Intergovernmental The Council Analyst is not required to attend Regular Meetings. MISCELLANEOUS Councilmember Hernandez indicated she will be hosting the Council Coffee Chat on April 9, 2011 at the Friendz Cafe at 12930 East Marginal Way South. ADJOURNMENT 9:26 p.m. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE TUKWILA CITY COUNCIL MEETING BE ADJOURNED. MOTION CARRIED 6 -0. �7� Ji ggerton, C Christy O'Flahe�ty, City Cierk APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR: 4/18/2011 AVAILABLE ON CITY WEBSITE: 4/19/2011