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HomeMy WebLinkAbout2013-06-03 Regular MinutesTukwila City Council City Hall Council Chambers MINUTES Regular Meeting June 3, 2013— 7:00 P.M. REGULAR MEETING CALL TO ORDER/PLEDGE OF ALLEGIANCE /ROLL CALL Mayor Haggerton called the Regular Meeting of the Tukwila City Council to order at 7:02 p.m. and led the audience in the Pledge of Allegiance. ROLL CALL Christy O'Flaherty, City Clerk, called the roll of the Council. Present were Councilmembers Joe Duffie, Dennis Robertson, Allan Ekberg, Kathy Hougardy, Verna Seal, De'Sean Quinn, and Kate Kruller. CITY OFFICIALS Jim Haggerton, Mayor; David Cline, City Administrator; Shelley Kerslake, City Attorney; Vicky Carlsen, Deputy Finance Director; Derek Speck, Economic Development Administrator; Stephanie Brown, Human Resources Director; Jon Harrison, Police Commander; Chris Flores, Acting Fire Chief; Bob Giberson, Public Works Director; Jack Pace, Community Development Director; Laurel Humphrey, Council Analyst; Christy O'Flaherty, City Clerk. SPECIAL PRESENTATIONS A briefing on the lower Duwamish clean -up. Pam Elardo, Director of Wastewater Treatment Division, Department of Natural Resources and Parks, King County; and Brian Anderson, The Boeing Company. Councilmember Quinn introduced Pam Elardo from King County and Brian Anderson from The Boeing Company. Ms. Elardo utilized a Powerpoint presentation to provide an overview of the clean -up effort for the Lower Duwamish Waterway, with the following key points: BACKGROUND • 5 -mile river segment listed due to historically contaminated sediments • Legacy contamination - industrial discharges, stormwater, CSOs (Combined Sewer Overflows) • The Lower Duwamish Waterway Group -LDWG (King County, City of Seattle, Port of Seattle, and Boeing) — formed in 2000 to work on sediment cleanup • More than 100 "potentially responsible parties" (PRPs) identified by Environmental Protection Agency (EPA) to date ECONOMICS Today, the waterway is home to: • 100,000 jobs • 38,000 residents • 25% of King County manufacturing • Businesses that handle 7.2 million tons each year of domestic and international traffic, valued at $7.5 billion • 84% of the industrial lands within the city (5,000 acres) • Three primary land uses: • Commercial (32 %) • Industrial (26 %) • Warehousing (23 %) • Other uses include residential, parks, open space, military and vacant (another 19 %) Tukwila City Council Regular Meeting Minutes June 3, 2013 Page 2 of 7 SCHEDULE AND KEY DATES 2013 Proposed Plan and Public Comment Period (February + 105 days) 2014 -2016 Negotiate agreements among PRPs and sign Consent Decree 2016 -2018 Remedial Design 2018 Begin Construction Early Actions 2013 -2015 Source Control 2013 -2018 EARLY ACTIONS (Cleanup, Dredging, Source Control) • Over $95 million invested in cleanup of 29 acres • LDWG- initiated early cleanups are predicted to reduce PCB (polychlorinated biphenyls) sediment concentrations by 50% • Completed projects include: ❖ Duwamish /Diagonal sedimentation remediation (King County) ❖ Norfolk CSO sediment remediation (King County) ❖ Slip 4 remediation (City of Seattle) • Projects Underway include: ❖ Boeing Plant 2 (Boeing) ❖ Jorgensen Forge (Jorgensen) ❖ T117 (City of Seattle /Port of Seattle) HOW DOES THE DUWAMISH WATERWAY COMPARE TO OTHER AREAS • Lower Duwamish Waterway today (current average PCB concentrations in mud) — 346 • Puget Sound area urban bays and lakes PCB concentrations — 50 -255 • Lake Washington and Lake Sammamish PCB concentrations — 40 -50 • Green River PCB concentrations — 3 -80 • Puget Sound non -urban bays PCB concentrations — 2 -20 SEDIMENT GOALS • Early actions predicted to get waterway to approximately 180 -190 PCBs • All alternatives in Feasibility Study predicted to get waterway to approximately 20 -50 PCBs • Environmental Protection Agency proposed goal - 2 parts per billion total PCBs WHAT'S AT STAKE • Taxpayers, utility rate payers, and local businesses will be responsible for paying for the cleanup • If we don't get started now, the Lower Duwamish will remain contaminated and there is uncertainty for the public and businesses • Some may ask for more dredging, which will increase construction time, elevate risk, increase impacts to the community, and cost more LOWER DUWAMISH WATERWAY GROUP (LDWG) PRIORITIES FOR THE CLEANUP • Reduce risks to human health and the environment through sediment cleanup • Complete construction as soon as possible and focus dredging to maximize the benefits and minimize the impacts • Optimize cleanup technologies and commit to extensive follow -up monitoring • Provide an effective, reliable cleanup plan that does not defer substantive decisions and is supportable and implementable Ms. Elardo explained that the EPA proposed cleanup plan, known as 5C -Plus, involves 7 years of construction and $305 million. It involves a combination of technologies, institutional controls to limit consumption of resident seafood, extensive monitoring and contingency requirements, and a source control program led by the Department of Ecology. After 20 -30 years, there will be a study to determine whether additional cleanup is needed and will waive cleanup standards if natural background conditions are not met. The EPA's proposed plan is a good start and could be improved by decreasing construction by 2 years, reducing impacts to the community and environment, achieving the same risk reduction faster, and providing a cost effective approach to protect taxpayers, ratepayers and the local economy. There is Tukwila City Council Regular Meeting Minutes June 3, 2013 Page 3 of 7 concern that the EPA's proposed plan will challenge success due to unachievable cleanup requirements for PCBs. In summary, it is important to get started to eliminate uncertainty for the community and businesses and to reduce health and environmental risk. The water quality and fish tissue goals should be removed, and the sediment goal should not be defined by natural background conditions. Additional dredging of isolated contamination increases human health risk, delays the final cleanup and does not produce a lower risk to people or to the environment. It is essential to invest wisely to maximize the most effective cleanup opportunities, minimize public health impacts, and implement quickly with the least disturbance to the community. Ms. Elardo encouraged the Council to provide comments to the EPA by the deadline of June 13, 2013. She referenced postcards distributed to the Council that can be used as a guideline for providing comments. The Councilmembers exchanged comments and asked questions regarding the presentation. Councilmember Robertson requested information regarding the 3 PCB toxins, and Ms. Elardo indicated she would provide a complete copy of the narrative portion of the report and highlight the pertinent areas. Mayor Haggerton indicated that City Administration and the Council Analyst can work together to ensure all Councilmembers and the staff get the information. Pam Carter, 4115 South 139th Street, said she supports the LDWG proposal and relayed that the Valley View Sewer District will be providing a letter of support for the proposal. She encouraged the City Council to lend support as well. Council consensus existed to have City Administration provide a proposed response regarding cleanup for the Lower Duwamish Waterway for the June 10, 2013 Committee of the Whole meeting, and a Special Meeting can be called that same evening to approve the response for submittal to the EPA by the deadline of June 13, 2013. CITIZEN COMMENTS Pam Carter, 4115 South 139th Street, announced that the Valley View Sewer District has a vacancy on the Board of Commissioners. The Board is a governing body that works on policies, projects and budgeting for the sewer district. Applicants must be registered voters who live in the District. The deadline for applications is June 21, 2013 and additional information is available on the website at http: / /www.valvue.com. Kathy Desjardin, 3826 South 116th Street, requested mitigation regarding bicyclers speeding and not stopping near the bike trail in the area of South 119th Street and South 116th Street. They do not look or slow down, putting them in danger of coming in contact with vehicle traffic in those areas. There are also blind spots that increase the risk. She stated she has almost hit or been hit by bicyclers in this area. When she contacted the police, they indicated that tickets are not issued to bicycle riders. She utilized a white board to draw a picture of a suggestion involving the use of metal railings to slow down bicyclers on the trail. The Councilmembers asked questions of Ms. Desjardin and expressed concern about this issue. Bob Giberson, Public Works Director, indicated this issue involves the Public Works, Parks and Recreation and Police Departments. A meeting is scheduled for tomorrow regarding this matter, and he will report back to Council regarding next steps. Mayor Haggerton expressed the importance of inviting the citizens who have commented on this issue to the Council Committee or full Council meetings when this item is discussed. Tukwila City Council Regular Meeting Minutes June 3, 2013 Page 4 of 7 CONSENT AGENDA a. Approval of Minutes: 5/20/13 (Regular Mtg.) b. Approval of Vouchers: #363460- 363575, #130400 and #130504 - 130506 in the amount of $1,243,611.31. c. Authorize the Mayor to sign an agreement with KPG, Inc., for the 2013 Annual Small Drainage Program, in the amount of $43,372.81. [Reviewed and forwarded to Consent by Utilities Committee on 5/20/13.] MOVED BY DUFFIE, SECONDED BY KRULLER THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED 7 -0. UNFINISHED BUSINESS a. An ordinance adopting the 2012 State Building Code and the International Energy Conservation Code, providing for the issuance of permits and collection of fees. MOVED BY EKBERG, SECONDED BY ROBERTSON 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 NOS. 2121 (PART) AND 2171 (PART), AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 16.04, "BUILDINGS AND CONSTRUCTION," ADOPTING THE 2012 STATE BUILDING CODE AND INTERNATIONAL ENERGY CONSERVATION CODE, 2012 EDITION; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES; REPEALING ORDINANCE NOS. 2157, 2189, 2215, 2249 AND 2295, REPEALING ORDINANCE NOS. 2121 §1 (PART) AND 2171 §1 (PART), AS CODIFIED AT TMC SECTION 16.04.160, "WASHINGTON STATE ENERGY CODE ADOPTED "; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY QUINN, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 7 -0, TO ADOPT ORDINANCE NUMBER 2402. b. An ordinance amending Ordinance No. 2306 §4, as codified at Tukwila Municipal Code Section 7.20.020, "Dogs at Large — Requirement of a Leash or Chain," to provide for enforcement authority. MOVED BY ROBERTSON, 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. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2306 §4, AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 7.20.020, "DOGS AT LARGE — REQUIREMENT OF A LEASH OR CHAIN," TO PROVIDE FOR ENFORCEMENT AUTHORITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY DUFFIE, SECONDED BY HOUGARDY THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 7 -0, TO ADOPT ORDINANCE NUMBER 2403. c. Authorize the Mayor to sign an agreement with Rice Fergus Miller for the City Facilities Needs Assessment and Feasibility Study in the amount of $349,135.00. MOVED BY ROBERTSON, SECONDED BY DUFFIE TO AUTHORIZE THE MAYOR TO SIGN AN AGREEMENT WITH RICE FERGUS MILLER FOR THE CITY FACILITIES NEEDS ASSESSMENT AND FEASIBILITY STUDY IN THE AMOUNT OF $349,135.00. MOTION CARRIED 7 -0. Tukwila City Council Regular Meeting Minutes June 3, 2013 Page 5 of 7 d. A resolution establishing a compensation policy for City of Tukwila employees. MOVED BY ROBERTSON, SECONDED BY DUFFIE THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A COMPENSATION POLICY FOR CITY OF TUKWILA EMPLOYEES AND REPEALING RESOLUTION NO. 1387. MOVED BY DUFFIE, SECONDED BY QUINN THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 7 -0, TO ADOPT RESOLUTION NUMBER 1796. REPORTS a. Mayor Mayor Haggerton reported that last week two of the second grade classes from Tukwila Elementary School visited City Hall. After the Mayor welcomed the students, a police officer talked with them about police activity and the canine unit, and then a mock trial was conducted in the court. Two more classes will be visiting this week. On June 1, 2013, the Mayor attended the Cascade Water Alliance Board of Directors Annual Retreat that was conducted at the Tukwila Community Center. He thanked Pat Brodin from the Public Works Department for his involvement in the retreat. Additionally, Mayor Haggerton relayed that Emina Dacic, AWC (Association of Washington Cities) scholarship award winner, visited City Hall last week. Ms. Dacic attends Foster High School and was selected for a $1,000 scholarship on behalf of the AWC Center for Quality Communities. She will be acknowledged at the AWC Conference on June 27, 2013 in Kennewick. b. City Council Councilmember Duffie referenced the recent Council Coffee Chat that he hosted and said it was very productive and informative. Council President Hougardy offered a reminder about the Tukwila Pantry (food bank) fundraiser on June 7, 2013 from 2:30 — 4:30 p.m. at the Tukwila Community Center. Councilmember Ekberg attended the STP (Sustain Tukwila Pool) meeting on June 1, 2013. That same day he also attended the Tukwila Turtles swimming event in Federal Way, where many of the Turtles came away with a variety of medals. Mr. Ekberg shared that Betty Gully, long time Tukwila resident and community volunteer, is in hospice care. He has prepared a history of her contributions for the Foster High School Alumni Hall of Fame. Additionally, he offered a reminder about the Tukwila Historical Society/Tukwila Arts Commission event titled Territorial Voices: A Civil War Reader's Theater at Tukwila Community Center at 1:00 p.m. on June 8, 2013. Councilmember Seal attended the Forterra breakfast event on June 29, 2013 and she also participated in the King County LEOFF 1 meeting. She reminded the Council to let the Council Analyst know if they will be attending the Foster High School graduation. Councilmember Quinn reported that the final Tree and Environment Advisory Committee meeting was held on May 29, 2013. He relayed that the Committee made a great deal of progress, and he commended the commitment of the volunteers. He also attended the PROS (Parks and Recreation Open Space) Plan meeting on June 1, 2013. Councilmember Kruller attended the SCA (Sound Cities Association) networking dinner on May 29, 2013. On May 30, 2013 she attended a roundtable discussion on the future of agriculture in King County. She relayed that Councilmember Quinn has been a key player in the group that brought local farmers , together. Councilmember Quinn stated that local farmers now want to engage with and work with cities in Tukwila City Council Regular Meeting Minutes June 3, 2013 Page 6 of 7 getting their products to local communities. Ms. Kruller said outcomes from the meeting include opportunities to walk in a local farmer's shoes via elected officials making visits to farms, following farmers to market, and taking the time to understand the business of farming. On June 1, 2013, Councilmember Kruller attended a concert titled "Voices in Abolition" at the Church by the Side of the Road. It was an awareness event regarding human trafficking and was also attended by members of the Tukwila Police Department. Additionally, on June 1 she attended the Washington State Special Olympics competition where the Tukwila Turtles participated and did a fantastic job. c. Staff Derek Speck, Economic Development Administrator, reported that the developer has presented the first phase review plans for Tukwila Village to the City. A full set of plans will be put in the Council office, and an email with additional information will also be forthcoming. David Cline, City Administrator, referenced the City Administrator Report in the packet and offered to answer any questions. d. City Attorney There was no report. e. Intergovernmental Laurel Humphrey, Council Analyst, said there is a meeting of the Refugee Advisory Board this Friday, and she will forward the agenda when it becomes available. MISCELLANEOUS Councilmember Robertson distributed a picture of a commercial truck parked in a residential neighborhood that has not moved for months and impedes the visibility of those in the neighborhood. While the City has an ordinance regarding commercial vehicles that works well in enforcing issues associated with semi - trucks, it does not work well for other types of vehicles. When he talked with staff from Police and Code Enforcement, it was explained that the vehicle was not on City right -of -way and could not be addressed by the Police Department. Additionally, the current code definitions would make it difficult for Code Enforcement staff to address the issue successfully. He would like to see this issue brought to a Council Committee for further review. The Councilmembers exchanged comments and concerns regarding this issue. Mayor Haggerton expressed that this issue comes up frequently, and in this instance, if there was a sidewalk on this street, the vehicle would be parked on the sidewalk. Council consensus existed to have this item considered by the Finance and Safety Committee. Councilmember Seal said the next Council Coffee Chat is this Saturday, June 8, 2013 at 10:00 a.m. at Foster Golf Course. She announced that there are 2 openings on the Tukwila Pool Advisory Committee (TPAC). This Committee, which meets once a month, operates in an advisory capacity to the Metropolitan Park District (MPD). Those interested in the Tukwila Pool and serving the community can contact her for more information or to apply. Councilmember Kruller said a citizen expressed concern to her about 18- wheelers being parked overnight near Crestview Park that appear to involve prostitution. It seems that activity has now moved to Tukwila International Boulevard. She noted that she has seen signs in Des Moines that say "Anti- Prostitution Emphasis Area" which includes the City Code on the sign. She wondered if we could check to see if that has worked for them. The citizen also expressed that he has seen drug dealers hiding drug packets in the electrical box at the gazebo at Cascade View Park. He has also then seen the consumer come and pick up the packets. Tukwila City Council Regular Meeting Minutes June 3, 2013 Page 7 of 7 Councilmember Kruller said the concerned citizen also relayed that the animal control official in the area is willing to advocate for dog parks if we would like to hear more on that topic. Additionally, he conveyed that Tacoma has a cigarette butt and beer bottle law that could be the next move in cleaning up parks. He also suggested moving garbage cans near the park entrances. Mayor Haggerton confirmed that the citizen also came to City Hall and talked with him regarding these issues. ADJOURNMENT 8:35 p.m. MOVED BY DUFFIE, SECONDED BY HOUGARDY THAT THE TUKWILA CITY COUNCIL MEETING BE ADJOURNED. MOTION CARRIED 7 -0. Jim H Christy O'Flahert ity Clerk APPROVED BY THE CITY COUNCIL: 6/17/13 AVAILABLE ON CITY WEBSITE: 6/18/13