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Home My WebLink About2012-11-19 Regular MinutesTukwila City Council Regular Meeting City Hall Council Chambers November 19, 2012— 7:00 P.M. MINUTES REGULAR MEETING EXECUTIVE SESSION Start: 6:02 p.m. Mayor Haggerton announced the purpose of the Executive Session is to discuss Potential Litigation — Pursuant to RCW 42.30.110(1)(i). It will last no more than 60 minutes, and no decisions will be made during the Executive Session. Attendees: Jim Haggerton, Mayor; David Cline, City Administrator; Shelley Kerslake, City Attorney; Rachel Turpin, Assistant City Attorney; Nick Olivas, Fire Chief; Bob Giberson, Public Works Director: Jack Pace, Community Development Director; Tukwila City Councilmembers Joe Duffie, Verna Seal, Allan Ekberg, Kathy Hougardy, De'Sean Quinn, Kate Kruller. Councilmember Robertson was not present. End: 6:40 p.m. CALL TO ORDER/PLEDGE OF ALLEGIANCE /ROLL CALL Mayor Haggerton called the Regular Meeting of the Tukwila City Council to order at 6:58 p.m. and led the audience in the Pledge of Allegiance. ROLL CALL Melissa Hart, Deputy City Clerk, called the roll of the Council. Present were Councilmembers Joe Duffie, Verna Seal, Allan Ekberg, Kathy Hougardy, De'Sean Quinn and Kate Kruller. MOVED BY SEAL, SECONDED BY DUFFIE TO EXCUSE COUNCILMEMBER ROBERTSON. MOTION CARRIED 6 -0. CITY OFFICIALS Jim Haggerton, Mayor; David Cline, City Administrator; Shelley Kerslake, City Attorney; Rachel Turpin, Assistant City Attorney; Bob Giberson, Public Works Director; Gail Labanara, Public Works Analyst; Jack Pace, Community Development Director; Vicky Carlsen, Deputy Finance Director; Mike Villa, Police Chief; Derek Speck, Economic Development Administrator; Stephanie Brown, Human Resources Director; Melissa Hart, Deputy City Clerk. CITIZEN COMMENTS There were no citizen comments. CONSENT AGENDA a. Approval of Minutes: 11/5/12 (Regular Mtg.) b. Approval of Vouchers: #361917- 361919, #361920- 362013 and #121000, #121101 in the amount of $1,224,608.57 c. A resolution adopting a land use fee schedule. (Reviewed and forwarded to Consent by Finance and Safety Committee on 11/6/12.1 RESOLUTION NUMBER 1779. MOVED BY DUFFIE, SECONDED BY SEAL THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED 6 -0. Tukwila City Council Regular Meeting Minutes November 19, 2012 Page 2 of 6 UNFINISHED BUSINESS a. Tax levy legislation: (1) An ordinance levying the general taxes for the fiscal year commencing January 1, 2013, on all property, both real and personal. MOVED BY QUINN, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 6 -0. Melissa Hart, Deputy City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, LEVYING THE GENERAL TAXES FOR THE CITY OF TUKWILA IN KING COUNTY FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2013, ON ALL PROPERTY, BOTH REAL AND PERSONAL, IN SAID CITY, WHICH IS SUBJECT TO TAXATION FOR THE PURPOSE OF PAYING SUFFICIENT REVENUE TO CARRY ON THE SERVICES OF THE SEVERAL DEPARTMENTS OF SAID CITY FOR THE ENSUING YEAR, AS REQUIRED BY LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY QUINN, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 6 -0, TO ADOPT ORDINANCE NUMBER 2385. (2) An ordinance increasing the regular property tax levy 1 percent from the previous year commencing January 1, 2013, on all property, both real and personal, in compliance with RCW 84.55.120. MOVED BY QUINN, SECONDED BY HOUGARDY THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 6 -0. Melissa Hart, Deputy City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, INCREASING THE CITY OF TUKWILA REGULAR LEVY FROM THE PREVIOUS YEAR, COMMENCING JANUARY 1, 2013, ON ALL PROPERTY, BOTH REAL AND PERSONAL, IN COMPLIANCE WITH RCW 84.55.120; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY QUINN, SECONDED BY SEAL THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 6 -0, TO ADOPT ORDINANCE NUMBER 2386. b. Authorize the Mayor to sign Supplemental Agreement #1 to agreement #12 -007 with J.A. Brennan Associates for the Duwamish Gardens Project in the amount of $91,341.80. MOVED BY HOUGARDY, SECONDED BY QUINN TO AUTHORIZE THE MAYOR TO SIGN SUPPLEMENTAL AGREEMENT #1 TO AGREEMENT #12 -007 WITH J.A. BRENNAN ASSOCIATES FOR THE DUWAMISH GARDENS PROJECT IN THE AMOUNT OF $91,341.80. MOTION CARRIED 6 -0. c. Authorize the Mayor to sign Supplemental Agreement #3 to agreement #10 -055 with Carollo Engineers to update the Comprehensive Water Plan in the amount of $16,250.00. MOVED BY EKBERG, SECONDED BY KRULLER TO AUTHORIZE THE MAYOR TO SIGN SUPPLEMENTAL AGREEMENT #3 TO AGREEMENT #10 -055 WITH CAROLLO ENGINEERS TO UPDATE THE COMPREHENSIVE WATER PLAN IN THE AMOUNT OF $16,250.00. MOTION CARRIED 6 -0. Tukwila City Council Regular Meeting Minutes November 19, 2012 Page 3 of 6 d. A resolution adopting a new Public Works fee schedule. MOVED BY EKBERG, SECONDED BY DUFFIE THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 6 -0. Melissa Hart, Deputy City Clerk, read the proposed resolution by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A NEW PUBLIC WORKS FEE SCHEDULE; AND REPEALING RESOLUTION NO. 1755. MOVED BY QUINN, SECONDED BY HOUGARDY THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 6 -0, TO ADOPT RESOLUTION NUMBER 1780. e. Authorize the purchase of 190 roadway lighting fixtures from Tacoma Electric in the amount of $94,985.78. MOVED BY EKBERG, SECONDED BY DUFFIE TO AUTHORIZE THE PURCHASE OF 190 ROADWAY LIGHTING FIXTURES FROM TACOMA ELECTRIC IN THE AMOUNT OF $94,985.78. MOTION CARRIED 6 -0. f. Authorize the acceptance of a grant from the Puget Sound Regional Council Federal Funding Program for the East Marginal Way South Overlay & Repair Project (South 81st Place to Norfolk Street) in the amount of $1,000,000. MOVED BY EKBERG, SECONDED BY KRULLER TO AUTHORIZE THE ACCEPTANCE OF A GRANT FROM THE PUGET SOUND REGIONAL COUNCIL FEDERAL FUNDING PROGRAM FOR THE EAST MARGINAL WAY SOUTH OVERLAY & REPAIR PROJECT (SOUTH 81ST PLACE TO NORFOLK STREET) IN THE AMOUNT OF $1,000,000. MOTION CARRIED 6 -0. g. Authorize the Mayor to sign an Interlocal Agreement with the Tukwila Metropolitan Park District regarding bonding for capital improvements for the Tukwila Pool. MOVED BY SEAL, SECONDED BY DUFFIE TO AUTHORIZE THE MAYOR TO SIGN AN INTERLOCAL AGREEMENT WITH THE TUKWILA METROPOLITAN PARK DISTRICT REGARDING BONDING FOR CAPITAL IMPROVEMENTS FOR THE TUKWILA POOL. MOTION CARRIED 6 -0. h. An ordinance amending Ordinance No. 2240 relating to vacating portions of the existing Southcenter Parkway right -of -way from approximately South 180th Street to existing City limits (at the time of original street vacation Ordinance No. 2240) by replacing Exhibits A and B and amending Section 4 to provide for replacement access to two parcels. MOVED BY SEAL, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 6 -0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2240 RELATING TO VACATING PORTIONS OF THE EXISTING SOUTHCENTER PARKWAY RIGHT -OF -WAY FROM APPROXIMATELY SOUTH 180th STREET TO EXISTING CITY LIMITS (AT THE TIME OF ORIGINAL STREET VACATION ORDINANCE NO. 2240) BY REPLACING EXHIBITS A AND B AND AMENDING SECTION 4 TO PROVIDE FOR REPLACEMENT ACCESS TO TWO PARCELS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY DUFFIE, SECONDED BY KRULLER THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* Rachel Turpin, Assistant City Attorney, stated the City Council conducted a public hearing at the November 5, 2012 Regular Meeting on the draft ordinance vacating portions of Southcenter Parkway. A number of concerns were raised during the public hearing from the M & P Company relating to the Tukwila City Council Regular Meeting Minutes November 19, 2012 Page 4 of 6 inadequate replacement access to the Mitchell Moving and Storage site should the street vacation ordinance be approved. The Council requested staff work with M & P Company and Segale Properties to resolve some of the access issues to the M & P Company property. Ms. Turpin explained staff has prepared a substitute ordinance that has been distributed to the Council and made available to the audience that addresses the concerns made by the M & P Company at the November 5, 2012 City Council Meeting. The substitute ordinance includes a public access easement granted to the City, rather than the previously proposed private party agreement, and the ordinance also corrects an error in the legal description that was recently discovered by staff. MOVED BY SEAL, SECONDED BY QUINN TO CONSIDER THE SUBSTITUTE ORDINANCE THAT WAS DISTRIBUTED REGARDING AMENDMENT OF ORDINANCE NO. 2240."* *ORIGINAL MOTION TO APPROVE THE ORDINANCE WAS WITHDRAWN BY COUNCILMEMBERS SEAL AND QUINN. NO VOTE TAKEN. Jami Balint, 5188 Segale Park Drive C, is representing Segale Properties, LLC. She explained Segale Properties encourages the Council to adopt the substitute ordinance as presented. Segale has worked diligently with City staff during the past two weeks to reach an agreement that allows the City to accept the public access easement. The substitute ordinance provides the easement to be converted to right -of- way dedicated by Segale to the City at no cost, upon the City's vacation of South 178th Street. She feels this is a great agreement that will allow Southcenter Parkway to open. Ms. Balint commended City staff, specifically Rachel Turpin, Assistant City Attorney, for her work and collaboration on the substitute ordinance. Clayton Graham, 18800 Southcenter Parkway, stated he represents M & P Company. M & P Company previously expressed concern relating to a private easement, and the ordinance before the Council addresses that concern. He thanked City staff and the City Attorney's office for negotiating the draft easement. M & P Company has had the opportunity to review the draft easement. Upon review, M & P Company has one remaining concern with the proposed easement, and that is the section dealing with the proposed haul road, which will run parallel to Southcenter Parkway and cross over the B -Line access granted to M & P Company. They are concerned with the closeness of the haul road to M & P Company's access to their property. M & P Company does not like the placement of the haul road; however, they are supportive of the substitute ordinance that includes the easement as an attachment. Elizabeth Mitchell, 18800 Southcenter Parkway, complimented City staff for their work on this issue, and they approve of the proposed easement to be granted to the City. She encouraged the City to follow through on the process to convert the B -Line to a public right -of -way. She explained the main concern for M & P Company is the addition of the haul road as depicted on page 53 of the agenda packet. She feels the haul road will disrupt traffic to and from their property for the foreseeable future. She asked that staff have Segale create a workable access plan for the haul road that is acceptable to surrounding businesses. Jam! Balint, 5188 Segale Park Drive C, clarified the haul road was approved as part of the Tukwila South grading permit and included in the Tukwila South Development Agreement. The haul road is to allow trucks to move materials from the north end of the development site to the south end. The City vacated the portion of Southcenter Parkway /Frager Road that is directly in front of the M & P property. Segale is agreeing to the proposed amendment to the development agreement that clarifies that section of the road is not vacated, and this portion of the original roadway will become the public access easement. Ms. Balint stated Segale will work with M & P Company relating to continued access to their site. Regarding the dedication of right -of -way across the B -Line access, she stated Segale has committed to dedicate this area, at no cost, to the City as right -of -way. The action required by the City Council to move forward with the dedication of right -of -way is the vacation of South 178th Street. Councilmember Hougardy requested clarification on the next steps of the right -of -way dedication process. Ms. Turpin clarified the B -Line dedication will not take place until the South 178th street vacation ordinance has been approved by the City Council. The first step in the process will be for the Council to adopt a resolution that initiates the street vacation and conduct a public hearing on the issue. Tukwila City Council Regular Meeting Minutes November 19, 2012 Page 5 of 6 Mayor Haggerton asked Mr. Segale for clarification on the frequency of the trips and how long the haul road is expected to be used. Mark Segale, 5811 Segale Park Drive, Suite C, explained there is a quantity of material that will need to be removed from the project site, and estimating the number of trips is difficult. The haul road will be used during the grading of the project and materials will be moved from the north end of the project site to the south end of the project site. The movement of these materials will be seasonal work. Mayor Haggerton explained M & P Company and Mitchell Moving support the amended ordinance, and he encouraged all parties to work together to minimize the impacts to the affected property owners. * *MOTION CARRIED 6 -0, TO ADOPT ORDINANCE NUMBER 2387. MOVED BY SEAL, SECONDED BY DUFFIE TO DIRECT STAFF TO PREPARE A RESOLUTION TO VACATE SOUTH 178TH STREET. MOTION CARRIED 6 -0. NEW BUSINESS Authorize the Mayor to sign a Memorandum of Agreement and collective bargaining agreement with the United Steelworkers (USW) for police non - commissioned employees for the period January 1, 2013 through December 31, 2013. MOVED BY DUFFIE, SECONDED BY HOUGARDY TO AUTHORIZE THE MAYOR TO SIGN A MEMORANDUM OF AGREEMENT AND COLLECTIVE BARGAINING AGREEMENT WITH THE UNITED STEELWORKERS FOR POLICE NON - COMMISSIONED EMPLOYEES FOR THE PERIOD JANUARY 1, 2013 THROUGH DECEMBER 31, 2013. * Stephanie Brown, Human Resources Director, explained the City and USW Police non - commissioned bargaining teams have reached an agreement for a one -year contract extension of the current collective bargaining agreement (CBA) for 2013. The one -year extension includes the following modifications to the terms: 1. The City agrees to increase the wages of covered employees by three (3 %) percent and; 2. The parties agree to modify Article 14- Section 1, paragraphs C and D, to reduce the cap the employer pays on medical insurance premiums from 10% to 8 %. In addition, the agreement by the parties to a one -year extension serves the purpose of having all union collective bargaining agreements expire in 2013. *MOTION CARRIED 6 -0. REPORTS a. Mayor Mayor Haggerton announced the Southcenter Parkway extension will open by November 21, 2012. On November 14, 2012, Mayor Haggerton volunteered at the Thanksgiving lunch for senior citizens at the Tukwila Community Center. Approximately 150 people were served, and he offered thanks to the Councilmembers and staff who volunteered at the event. Additionally, on November 14 he attended the Suburban Cities annual business meeting. Suburban Cities is working on a name change, and the Council should receive more information in the near future. On November 16, 2012 he attended the ribbon - cutting ceremony for the new Big Lots store on Southcenter Parkway and the new Culinaire, The Cooks Shop store at Westfield Southcenter. b. City Council Councilmember Duffie volunteered at the November 14, 2012 Thanksgiving lunch for senior citizens at the Tukwila Community Center. On November 16, 2012 he attended the ribbon - cutting ceremony for the Tukwila City Council Regular Meeting Minutes November 19, 2012 Page 6 of 6 new Big Lots store on Southcenter Parkway and the new Culinaire, The Cooks Shop store at Westfield Southcenter. Council President Seal announced she will be forwarding an email to Councilmembers that she received, which is asking for volunteers to tutor refugee youth in the area. Councilmember Ekberg attended the November 15, 2012 American Legion Post meeting. Councilmember Hougardy attended the November 6, 2012 Government Affairs meeting and the City Council Strategic Plan workshop on November 8, 2012. She attended the Veterans Day celebration at the Museum of Flight, on November 11, 2012 and the ribbon - cutting ceremony for the new Big Lots store on Southcenter Parkway on November 16, 2012. Councilmember Quinn volunteered at the November 14, 2012 Thanksgiving lunch for senior citizens at the Tukwila Community Center. On November 16, 2012 he attended a municipal event in Washington D.C. Councilmember Kruller volunteered at the Tent City event on November 7, 2012. She explained City staff funds and coordinates dinner for the residents of Tent City. She acknowledged all City staff that participated in the event and thanked Carol Lumb for coordinating the meal. On November 8, 2012 she attended the City Council Strategic Plan workshop and the most recent Global -to -Local event. c. Staff David Cline, City Administrator, referenced the City Administrator Report in the Council packet and offered to answer any questions. d. City Attorney There was no report. e. Intergovernmental The Council Analyst is not required to attend Regular Meetings. ADJOURNMENT 7:51 p.m. MOVED BY DUFFIE, SECONDED BY KRULLER THAT THE TUKWILA CITY COUNCIL MEETING BE ADJOURNED. MOTION CARRIED 6 -0. Melissa Hart, Deputy City Clerk APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR ON 12/10/2012 AVAILABLE ON THE CITY'S WEBSITE 12/11/2012