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HomeMy WebLinkAbout2018-07-09 Committee of the Whole MinutesTukwila City Council Committee of the Whole Meeting City Hall Council Chambers July 9, 2018 — 7:00 P.m. COMMITTEE C}FTHE WHOLE CALL TQORDER/PLEDGE QFALLEGIANCE Councilmember Hougardy called the Tukwila City Council meeting to order at 7:00 p.m. and led the audience inthe Pledge ofAllegiance. OFFICIALS Present were Cuunci|membere Dennis Robertaon, Kathy Hougardy, De'Sean Quinn, Kate KruUar, Thomas McLeod, Zak |dan. Council President Seal was not inattendance. CITY OFFICIALS Allan Ekberg. Mayor; David C|ino, City Administrator; Henry Hmsh, Public Works Director; Hari Ponnekonti, Public Works Deputy Director/City Engineer; Peter Lau' Senior Program KAanaga� Derek Speck, Economic Development Administrator', Mia Navarro, Community Engagement Manager', Vicky Car|sen, Deputy Finance Director; JayVVittwer. Fire Chief-, Bruce Linton Police Chief; Laurel Humphnay, Council Ana|yst�Andy Youn Deputy City Clerk. ANNOUNCEMENT Councilmember Hougardy asked for Council consensus to preside over the meeting in Council President 8ea|'aabsenma. COUNCIL CONSENSUS EXISTED FOR COUNC|LKUEK8BERHOUGAROY TO PRESIDE OVER THE COMMITTEE gFTHE WHOLE MEETING. PUBLIC COMMENTS Joe Duffie, 5332 South 140th Street, attended the 4th of July celebration at Fort Dent Park and was pleased there were noopen fires and barbequeoduring the event. He enjoyed the celebration. Mr. DuMie also relayed acitizen asked him for updates onthe 53rdAvenue South project. Hmasked why the project is delayed and whether the delay will cost taxpayers more money. Mr. DufOe stated he has witnessed multiple instances of speeding on 53rO Avenue South and asked whether speedbumps will be installed or if Tukwila Police will be monitoring the street. In addition. Mr. DuOie reported noise violations at a park near his residence. He suggested posting noise control signs at the park. Councilmember McLeod and Councilmember Quinn requested an update on 53rd Avenue South. Henry Haoh, Public Works Director, reported there was a delay with the 53m Avenue South Project due to issues regarding the design by Seattle City Light. Public Works met with the design consultant and the contractor and resolved the issue over a series of meetings. The design consultant developed new drawings as requested by Seattle City Light. Mr. Hash explained the project was due to restart today, and he will follow-up with the contractor. He noted the project was ahead of schedule and despite the two week da|ey, the project is anticipated to finish on schedule. Public Works has not received any change orders bythe contractor for cost overruns. Tukwila City Council Committee ofthe Whole Minutes July 0.2O18 Page 2of6 SPECIAL ISSUES a. Discussion onChange Order No. 3tmcontract #17-09Owith Active Construction, Inc. (AC|)for the 42"^Avenue South Phase 3 Project (South 1G0mStreet- SouthnenterB|vd.)'inthe amount of $2'741'13G.O0(includes sales taz). Councilmember McLeod indicated this item was discussed at the Transportation and Infrastructure Committee meeting on July 9, 2018. The committee members were unanimous in recommending approval. Mr. McLeod shared the project ran into avariety of issues and asked Mr. Hash to present Henry After numerous negotiation meetings with AC| and Public Works staff, with assistance from the Cit/s legal department, Change Order (CO) No. 3 was mutually agreed to by all parties. CO No. 3 will relieve some of the cost overruns and avoid potential and costly claims and delays, while improving efficiency and productivity. Key points from CO No. 3 proposals include: • Transforms the project culture from spending much of ACI's and the City's project staff time on assessing and quantifying disputes, to having both parties work cooperatively in order to complete the construction project aasoonosposaib|a; p Allows the City's project staff towork with AC|'s construction crews directly an o taam, in order to efficiently finish the construction project atthe least amount ofcost; * Compensates ACI for the actual construction costs plus a 14% mark-up, which includes costs for bond, insurance, other general and administrative overhead costs, and profit; p Resolves all outstanding disputes between the City and ACI with agreement not to pursue legal action against each other when this CO is striot|yfoUowed� ° And requires ACI to complete the construction project by November 13, 2018, weather permitting and timely utility work completion. Mr. Hash noted substantial progress has been made since this agreement was reached. He thanked his staff who have worked hard on this project and thanked the Council and members of the Transportation and Infrastructure Committee for their patience and understanding during this process. Councilmember Robertson expressed support of CO No. 3 but has concerns regarding the $2million cost overrun. In listening to the presentation, Mr. Robertson felt the issues could have been better anticipated by staff, Design and schedule are mostly predictable factors. In addition, horizon construction costs were not listed. He asked how this can be avoided in the future. Counoi|mmmb*rOuinn acknowledged there were many lessons learned from this project. He concurred that the coot overrun amount in considerable. It is predictable that soil conditions and ground water would impact the project and the severity of the impacts were not anticipated. Mr. Quinn referenced the Supreme Court decision ordering the removal of barriers to fish migration and noted this significantly increased the costs for this project. Hefee|sthobudgetomendmenthnmthe412SurfaceVVaharFundis an appropriate funding source for this cost overrun. Councilmember Kruller confirmed that "costs plus" contracts are lower risk for the buyer than normal contracts and relayed this iaanappropriate step away from uncertain costs. She asked Mr. Hash to continue communicating heavily with the neighborhood, as residents may believe the road is open because ithas been recently paved. Councilmember McLeod commented the project went longer than expected, which increased the costs. The project was delayed by the contractor as well as the City due to the retirement and subsequent hiring of the Public Works Dinaoboc K8c McLeod appreciates that Public Works found ways to mitigate these unanticipated costs from their departmental budget. Tukwila City Council Committee cf the Whole Minutes July S.2018 Page 3n/0 Councilmember Idan noted the original contract amount was $6.5 million. He commended Mr. Hash and Public Works staff for negotiating a lower cost overrun. COUNCIL CONSENSUS EXISTED TQFORWARD THIS ITEM TQTHE CONSENT AGENDA ATTHE NEXT REGULAR MEETING. b. A lease with Tukwila Village Development Associates. Counci|member|dan. Chair in Counoi|memberK'uUer'a absenne, indicated this item was discussed at the Community Development and Neighborhoods Committee meeting on June 26, 2018. The committee members were unanimous in recommending approval. Derek Speok, Economic Development Administrator, explained this item is a lease option for the Tukwila Village commons and plaza. The City and developer have been working to form the community organization and, due to other priorities, the work is still in progress. Staff still intends to assign its lease option to the community organization. However, having the Counci|'eauthorization ho sign the lease puts the City in a stronger negotiating position in case the City and developer are unable to reach agreement on the formation of the community organization. If the City executes the |ease, once the community organization has been formed and the City and developer reach mutual agreement, the City can then assign the lease tothe community organization. Mr. Speck offered toanswer any questions. Councilmember Kruller asked whether the City is seeking a "fallback" position due to issues with recruiting board members for the community organization. She referenced a previous Council meeting in which the developer listed numerous criteria for board members and noted it is difficult to find community members who meet all the criteria. Mr. Speck replied the formation of the community organization is taking longer than anticipated due to other City priorities and staff turnover at the Senior Housing Assistance Group (SHAG), which is helping the developer with the formation ofthe nonprofit. COUNCIL CONSENSUS EXISTED TOFORWARD THIS ITEM TDTHE CONSENT AGENDA ATTHE NEXT REGULAR MEETING. n. A resolution to adopt an amended 2012 City of Tukwila Strategic Plan, and an update on the 2019-2020budQet. Councilmember Quinn indicated this item was discussed at the Finance Committee meeting on July 5, 2O18.The committee members were unanimous inrecommending approval. Mia Navarro, Community Engagement Manager, explained input was sought from the community regarding the 2012 City of Tukwila Strategic Plan for use in the Priority Based Budgeting process undertaken bythe City. She provided onoverview ofoutreach efforts oshoUowa� Staff has done outreach to the community to see if the Strategic Plan still reflects the community's goals, values and priorities. The outreach included an online survey; print surveys distributed tothe City'o Boards and Commissions, community groups, the Foster High School civics classes (71); the Community Connectors, and other opportunities; as well as a community dinner and workshop on May 3rd at Thorndyke Elementary School attended by around 50 people. The survey was translated into Spanish, 8oma|i, Burmene, Nepali, Vietnamese. and Amharic. The City offered an online survey to staff as well. The survey was 4 questions and covered topics such as accomplishments, opportunities for improvement and values. The major e|emenhsidontifiedasmissingfromtheStnyto8ioP|anere: ° Equity, particularly with regard to nsoo ~ Gentrification and displacement * Health and environmental health ° Infrastructure • Technology and innovation Tukwila City Council Committee of the Whole Minutes July 8.2O1O Page 4of8 KAa. Navarro highlighted the underlined changes to the Strategic Plan as shown in pages 69-72 of the agenda packet. Councilmember Kruller emphasized the changes to the Strategic Plan were crafted by staff based on what was articulated by the community, She expressed support for the amendments. VickvCadsen. Deputy Finance Director, provided an update on Priority Based Budgeting and Ule2U1H' 2020 Budget process as follows: Priority Based Budgeting and 2019-2020 Budget Process: The priority -based budget model will be implemented over the next few budget cycles. Departments have begun by identifying programs and allocating the 2017-2018 budgets to these programs to make sure the programs are right -sized and fully identified. During the upcoming 2019-2020 budget process, the next step will be to score the programs against an established set of attributes once the Council adopts the proposed changes tothe Strategic Plan. Staff are recommending the City moves forward with the basic attributes used bymost of the organizations that contract with the Center for Priority Based Budgeting. This will provide the City with another tool to evaluate our programs against other agencies with similar programs, Ms. Carlsen explained the City's programs will be scored against the attributes shown on page 73 of the agenda pockot, with a score of 0-4 (O being the lowest and 4 being the highest). Program attributes will have e weighted average and will account for 25% of the total snore. She outlined the Strategic Plan goals as shown on page 74 of the agenda packet and explained programs will be scored against these goals which will account for the remaining 7596 ofthe total score. Ms. Cor|oen clarified that the Qh/ has 4 community -based goals. The last goal will be used to score governance programs such as Finance and Human Resources. Departments will be commencing scoring of programs, to be followed by peer - review validation process and final review by City Administration. Departments will be presenting departmental and fund budgets to Council committees beginning in August. Budget information presented during the committee meetings will include the traditional budget information as well as budgets allocated to programs. K8m. Car|sen noted the final scoring of programs and full package will beavailable tothe Council later this fall. Counci|memberKmUer expressed concern over the governance scoring criteria, as she feels they are phrased with a focus on internal een/ino rather than service to the public. She stated that while it is important to have a healthy organization, agency innovation and individual (employee) growth should not supersede service tothe public. She asked how the City can ensure itdoes not create institutionalized processes that exclude people. Coumj|nlemberC>uinn concurred with Ms. Kru|ksr'a comments. The Council is tasked with providing public service. |nbennei organization focused criteria can be framed as providing exceptional service tothe public. The scoring criteria oashown provides a high-level view ofkey elements ofpublic service. Counoi|nlemberHouQardy asked for clarification on how the Strategic Plan goals will be scored. Ms. Carlsen replied the Strategic Goal as shown in the top row will be scored 0-4. The rows listed below are elements totake into consideration when scoring. Councj|member Kru||erasked how Change in Demand will be scored. [Wn. Carlsen stated this attribute can be scored negatively if programs demonstrate a decrease in demand. Counci|membnrQuinn reminded the Council the full package including the results ofthe scoring process will not be available until later this fall. He noted this may inform the Council's review of the budget. In response to a clarifying question from Councilmember Idan, Ms. Carlsen explained the full package of Tukwila City Council Committee ofthe Whole Minutes July Q.2O18 Page 5of6 the scores will not be available in time for budget review based on the schedule provided on page 64 of the agenda packet but will be available for budget deliberations. COUNCIL CONSENSUS EXISTED TOFORWARD THIS ITEM TOTHE NEXT REGULAR MEETING. d.&o. Ordinances for the New Cingular Wireless/AT&T and Mobilitie, LLC, franchise agreements. Councilmember McLeod indicated these items were discussed at the July 9, 2018 Transportation and Infrastructure Committee meeting prior to this Committee ofthe Whole. Due to the need to review new information, Mr. McLeod stated he is requesting to remove item 3d. "An ordinance for the New Cingu|or VWre|esa/AT&Tfranohise agreement," and item 3e, "An ordinance for the yNobi|itie. LLC franchise ogneement.''from tonight's agenda and return these items tocommittee for further discussion. He reported speaking to a Councilmember from the City of Mukilteo at the Association of Washington Cities Annual Conference regarding franchise agreements and small cell technology. Mayor Ekberg has reached out tothe City ofK8uN|teo for additional information. Mr. McLeod also reported reaching out to Julien Loh, Public Policy Manager with Puget Sound Energy, for information regarding their policies. COUNCIL CONSENSUS EXISTED TQREMOVE ITEMS 3OAND 3E FROM THE AGENDA AND RETURN THESE ITEMS TO THE TRANSPORTATION AND INFRASTRUCTURE COMMITTEE. REPORTS a. Mayor Mayor Ekberg attended the 4m of July celebration at Fort Dent Park. He reported the event was highly attended and noted there appeared to be more families with children in attendance in the absence of barbequeeand fires. b. City Council Coumci|memberQuinn congratulated UleSaattleGeawo|vesmnwinningdheinaugunalMajor League Rugby championship. Counni|momberKruUexreported fireworks inAllentown during the 4mofJuly and stated the fireworks were considerable in size and noise. The City of Bellevue has a ban on discharging fireworks and a $1,000 fine for violators. Tukwi|a'n fine is $250. She would like to revisit the City's policies on fireworks as the current regulations are being disregarded by the community. Bellevue is an example ofeffective fireworks regulations. She also attended the inaugural Major League Rugby championship in San Diego on July 7. 2O18and was excited tosee the Seattle Seawo|veuwin. She would like tosee the City issue another proclamation regarding the Seattle Seowo|ves. In response to Ms, KmUo[Mayor Ekberg relayed Fire Chief Wittwer and the Police Department will be presenting a report on the 4th of July at the next Regular Meeting. In addition, he shared staff are currently engaging with the Seattle Seawolves to discuss the possibility of a celebration. Councilmember McLeod reported the Seattle Seawolves won 23 to 19. Coumj|mmmberHougmrdyattended aSoundsideAlliance for Economic Development meeting onJuly 9. 2018. She reported the Economic Development Council of Seattle -King County is nonoperational as of July 1, 2018. Former Governor Chris Gregoire has led an effort to build the Regional Economic Development Alliance (REOA) to promote and market the entire Puget Sound region. REDAreoendy hired a new CEO and is in the process of forming an executive committee and second -tier committee. Soundside Alliance will likely be a part of the second -tier committee and speak for a combined population of approximately 200.000 for Burien. Des Moines, Normandy Park, SeaTan' Tukwila, the Port ofSeattle and High|ine College. Ms. HouQardy reported she will be the representative for the Soundside Alliance. Tukwila City Council Committee ofthe Whole Minutes July 8.2O18 Page Oof6 Mr. Hash introduced representatives from Active Construction, Inc. (AC|), the contractor for the 42nu Avenue South Phase 3 Project, and explained they are here tonight in support of the discussion on Change Order No. 3. Hethanked AC| for attending tonight's meeting and for their partnership and professionalism. d. Council Analyst There was no report. ADJOURNMENT 8:05p.m. CQUNC|LKAEK8BERHOUGARDYDECLARED THE COMMITTEE C3FTHE WHOLE MEETING ADJOURNED. �11 � k1ingOfficer Andy Youn, Deputy City Clerk APPROVED BYTHE COUNCIL PRESIDENT: 7/23d8