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HomeMy WebLinkAbout2003-04-21 Regular MinutesTUKWILA CITY COUNCIL Council Chambers City Hall April 21, 2003 7:00 p.m. REGULAR MEETING MINUTES CALL TO ORDER /PLEDGE OF ALLEGIANCE: Mayor Steve Mullet called the Regular Meeting to order at 7:02 p.m. and led the audience in the Pledge of Allegiance. ROLL CALL: Bob Baker, Deputy City Clerk, called the roll of Council. Present were Council President Pam Carter; and Councilmembers Joe Duffie, Joan Hernandez, Jim Haggerton, Pamela Linder, Dave Fenton and Richard Simpson. OFFICIALS: Rhonda Berry, Acting City Administrator; David St. Pierre, Assistant City Attorney; Lucy Lauterbach, Council Analyst; Bob Baker, Deputy City Clerk; Bruce Fletcher, Parks and Recreation Director; Rick Still, Assistant Director of Parks and Recreation; Kimberly Walden, Judge Municipal Court; Darlene Heskett, Municipal Court Administrator; Jim Morrow, Public Works Director; Keith Haines, Chief of Police; Bruce Linton, Police Sergeant; and Steve Lancaster, Director of Community Development. INTRODUCTION OF NEW EMPLOYEE: Kimberly Walden Municipal Court Judge Introducing herself, Kimberly Walden informed Council she was raised abroad and attended college on an Army ROTC scholarship. Leaving the Army after attaining the rank of Police Captain, Ms. Walden attended the University of Washington School of Law and subsequently worked as a prosecutor and defense attorney. Most recently, Ms. Walden served as a partner in her own law firm and as Judge Pro Tem at the Kirkland Municipal Court. After reviewing Ms. Walden's resume and having the opportunity to ask questions for clarification, Council welcomed the new judge. They congratulated her on her appointment and stated their desire to work with her. CARTER MOVED; DUFFIE SECONDED; TO ADD THE CONFIRMATION OF APPOINTMENT TO THE AGENDA AND TO CONFIRM KIMBERLY WALDEN AS MUNICIPAL COURT JUDGE. The motion carried 7 -0. Addressing the Council, Judge Walden noted she is `absolutely thrilled" to be working at the City of Tukwila. After being here three weeks, she spoke highly of a staff of "amazing, hard working" individuals. She is very proud of the Court Administrator, staff and their operations. Before taking the Oath of Office (administered by Mayor Mullet), Judge Walden informed Council of her goals to polish the court and restore stability and credibility to the position. Additionally, she extended an invitation to those present to be visitors of the court. CITIZEN COMMENT /CORRESPONDENCE: Dennis Robertson, Tukwila resident and former Councilmember, spoke in favor of an additional contribution for the Airport Communities Coalition in 2003. Calling it a "worthwhile cause" Mr. Robertson asked the Council to continue on; especially in light of the current lawsuit coming to an end. As a result of forming "positive, good working relationships" with other area cities by way of work on the ACC, Mr. Robertson stated the funding should continue. City of Tukwila City Council Regular Meeting Minutes CONSENT AGENDA: BID AWARDS: Page 2 of 9 April 21, 2003 a. Approval of Minutes April 7, 2003 b. Approval of Vouchers 243190 243507, in the amount of $1,835,298.57 c. Authorize Mayor to sign Change Order #1 to Contract #03 -030, with Nordic Construction in the amount of $24,500.00, for additional repair work at the City Hall Northeast entry, and lunchroom deck d. Acceptance turnover of storm drainage system and street infrastructure within South 124th Street, South 126 Street, and 35 Avenue South (International Gateway East II Group Health Development) (Value of transferred assets to the City $158,372.00) DUFFIE MOVED; HERNANDEZ SECONDED; APPROVAL OF THE CONSENT AGENDA AS PRESENTED. The motion carried 7 -0. a. Award a contract to Rodarte Construction, Inc., in the amount of $697,152.32, for the Cascade View Community Park and Street Improvements Project FENTON MOVED; LINDER SECONDED; TO AWARD A CONTRACT TO RODARTE CONSTRUCTION, INC., IN THE AMOUNT OF $69-7452732 $729,792.32 FOR THE CASCADE VIEW COMMUNITY PARK AND STREET IMPROVEMENTS PROJECT.* Discussion ensued wherein it was learned the contract award should be in the amount of $729,792.32, which includes the total base bid ($697,152.32) and one additive bid alternate amount ($32,640.00). Due to a scribner's error, the amount of the contract award was corrected in the main motion without amendment. Jim Morrow, Public Works Director, informed Council this project will be for the construction of a new City park and street improvements at the corner of So. 144 Street and 37 Avenue South. In light of the fact the first bid process was unsuccessful (bids exceeded engineer's estimate), some aspects of the project were removed before this bidding process took place. To keep the bid amounts lower, color will not be included in the sidewalks, a paver wall will be reduced from full size to a partial circle and the driveway's base materials will be reduced. The addiditive bid includes a concrete curb, sidewalks, paving and wall project. Also included in the project costs are the art elements and play equipment. *The motion to award the contract to Rodarte Construction, Inc., carried 7 -0. b. Award a contract to Bernhardt Industries, Inc., in the amount of $324,224.00, for Foster Golf Links Course Improvements #2, #8, #9 Greens; #1, #9 Tees; Putting Greens Project HERNANDEZ MOVED; DUFFIE SECONDED; TO AWARD A CONTRACT TO BERNHARDT INDUSTRIES, INC., IN THE AMOUNT OF $324,224.00, FOR FOSTER GOLF LINKS COURSE IMPROVEMENTS #2, #8, #9 GREENS, #1, #9 TEES, AND PUTTING GREENS PROJECT* Mike Sweeney, Owner's Representative, answering an inquiry from Council, noted the award amount shown on the Council Agenda Synopsis form ($324,224.00) is correct. Confusion (of a mentioned higher amount) arose as a result of the 10% construction contingency, in the amount of $32,422.00. By practice, the contingency amount is not included in the contract award amount. The contract award amount of $324,224.00 represents a bid amount of $298,000.00, plus Washington State Sales Tax of 8.8% or $26,224.00. *The motion carried 7 -0. City of Tukwila City Council Regular Meeting Minutes PUBLIC HEARING: Ordinance No. 2015 establishing a six -month moratorium on electronic signs Page 3 of 9 April 21, 2003 7:25 p.m. Mayor Mullet opened the public hearing and called for citizen comments. None were received. Steve Lancaster, Community Development Director, reminded Council of the adoption of Ordinance No. 2015 on March 17, 2003. That ordinance effected a moratorium on the acceptance of sign permits for all types of electronic signs capable of displaying changeable text or images. No sign permit or another approval shall be granted during the effective period of the moratorium. The ordinance, under Washington State law, also necessitated this public hearing (within 60 days from the date of adoption). Mr. Lancaster noted a review of this item by the Community Affairs and Parks Committee on March 25. Additionally, the Planning Commission will hold a public hearing on the issue on April 24. Reminding Council of the September 17, 2003 expiration date of the ordinance, Mr. Lancaster noted City staff will assist Council and Planning Commission in development of long -term policy and associated sign code amendments. Following this public hearing, Council has three options for action. The first is to take no immediate action, leaving the moratorium in place. The second is to repeal the ordinance, thus repealing the moratorium. And, thirdly, Council may ask for a modification to the moratorium. 7:29 p.m. Mayor Mullet closed the public hearing. Council chose to take no action. Ordinance No. 2015 (affecting a moratorium on electronic signs) stands, as adopted, at the March 17, 2003 meeting. OLD BUSINESS: a. An ordinance establishing a new chapter of the Tukwila Municipal Code relating to "Stay Out of Areas of Racing" Orders AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING "STAY OUT OF AREAS OF RACING" ORDERS; DESIGNATING "NO RACING ZONES PROHIBITING UNLAWFUL RACE ATTENDANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE FENTON MOVED; DUFFIE SECONDED; READING OF THE PROPOSED ORDINANCE BY TITLE ONLY. The motion carried 7 -0. Assistant City Attorney David St. Pierre read the title of the proposed ordinance. DUFFIE MOVED; LINDER SECONDED; ADOPTION OF THE PROPOSED ORDINANCE AS READ.* Discussion ensued. Noting consideration of the draft, proposed ordinance at the April 7 Finance and Safety Committee as well as the April 14 Committee of Whole meetings, Police Chief Keith Haines informed Council of a re- working by the City Clerk's Office. The draft ordinance reflects changes made in response to Council comments at the April 14 meeting. Answering questions regarding necessary signage, Jim Morrow informed Council the cost of signage will be between $12,000.00 and $15,000.00; including labor and installation. Size of the signs is yet to be determined, yet will be done in accord with the City's sign code ordinance. After discussion and debate, several minor edits were made to the draft ordinance. Assisting in the edits was David St. Pierre, Assistant City Attorney. City of Tukwila City Council Regular Meeting Minutes *The motion to adopt the ordinance, as read, carried 7 -0. APPROVED ORDINANCE #2017 Page 4 of 9 April 21, 2003 Sgt. Bruce Linton addressed the issue of how juveniles will be handled as a result of being charged with this crime. In response to Councilmember Hernandez, Sgt. Linton noted they will be handled much the same as with any other misdemeanor crime(s). b. Approval of 2003 Contract with Southwest King County Chamber of Commerce in the amount of $20,000.00 Nancy Damon, Chamber Director, was present, yet made no presentation; nor were any questions asked. In response to an inquiry at the April 14 meeting, from Councilmember Haggerton, Rhonda Berry reported an addition to the Scope of Work was made. Service Item K, although currently being done, was never expressly written as part of the agreement. The item mentioned states, "SERVICE K The Chamber will act as a sounding board and information source for issues associated with economic vitality, development, and other matters related to the City's economic development policies." DUFFIE MOVED; HERNANDEZ SECONDED; TO APPROVE THE 2003 CONTRACT WITH THE SOUTHWEST KING COUNTY CHAMBER OF COMMERCE IN THE AMOUNT OF $20,000.00. The motion carried 7 -0. c. An ordinance fixing the amount of compensation for Councilmembers through 2007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE TUKWILA MUNICIPAL CODE TO FIX THE AMOUNT OF COMPENSATION FOR COUNCILMEMBERS THROUGH 2007, REPEALING ORDINANCE NOS. 1942, 1955 AND 1956; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE FENTON MOVED; DUFFIE SECONDED; READING OF THE PROPOSED ORDINANCE BY TITLE ONLY. The motion carried 7 -0. Assistant City Attorney David St. Pierre read the title of the proposed ordinance. DUFFIE MOVED; HAGGERTON SECONDED; ADOPTION OF THE PROPOSED ORDINANCE AS READ.* Discussion began with Councilmember Haggerton asking if an answer had been received regarding an inquiry on whether the reimbursement program should be counted as income. Lucy Lauterbach noted the attorney to address that issue is on vacation. In light of that, Councilmember Haggerton spoke in favor of deferring action on this issue until such time as an answer is reached. COUNCILMEMBER FENTON MOVED "THAT, UNDER OLD BUSINESS ITEM C, THE ORDINANCE FIXING THE AMOUT OF COMPENSATION FOR COUNCILMEMBERS THROUGH 2007, BE PULLED FROM THE AGENDA." The motion died for lack of a second. To assist Councilmember Fenton, Bob Baker, Deputy City Clerk, informed Council the maker of the main motion (to adopt the proposed ordinance as read) could withdraw his motion and it would no longer be on the table. Council chose to continue discussion of the item, under the guise of the main motion. Discussion continued. Councilmember Hernandez recalled Council has staggered terms as well as staggered levels of compensation. Council President Carter reported that as of 2004, the terms will begin to level out. Additionally, she spoke in favor of small increases, or escalators, over the years, versus one large jump in salary figures. COUNCILMEMBER FENTON AGAIN ASKED IF THE MATTER WOULD BE POSTPONED. AGAIN, COUNCIL CONTINUED DISCUSSION OF THE ITEM. City of Tukwila City Council Regular Meeting Minutes Councilmember Haggerton wondered if there might be some Councilmember who would vote differently if they learned an answer to his earlier inquiry about medical reimbursements being counted as income. Councilmember Linder agrees with the way stipends are handled; yet is not comfortable with increasing medical benefits for more than one reason, namely the City's current economic financial situation. "To be prudent," she urged Council to "leave it [Council's medical benefit] where it is, which is healthy." Before ending her remarks, Ms. Linder shared a written informational memo which lists the names of 10 area cities and whether or not their Councilmembers receive medical benefits. Finally, Councilmember Linder spoke in favor of setting an example in leaving the benefit "as is" so as not to send a bad message to employees or Tukwila residents. Although not all Councilmembers will utilize the total amount of benefits per year, some will. As it relates to those benefits which may be taxable, Council President Carter noted that if it hurts a person's tax bracket, there is nothing which requires them to take all of that benefit or all of their salary. Confirming Ms. Carter's position, David St. Pierre, City Attorney, noted Councilmembers are within their rights to return whatever salary portion they don't want. The monies may be reduced in their W -2's and the City can reflect they've received something less. In Congress, noted Mr. St. Pierre, this is done all the time. FENTON MOVED; HERNANDEZ SECONDED; THAT UNDER OLD BUSINESS, ITEM C, THE ORDINANCE FIXING THE AMOUNT OF COMPENSATION FOR THE COUNCILMEMBERS THROUGH 2007, BE PULLED FROM THE AGENDA. The motion carried 6 -1; with Councilmember Linder voting NO. *With the motion carrying 6 -1, the previous motion, to adopt the motion as read, is moot. Mayor Mullet asked this matter be placed on the next Regular meeting agenda or titled "pending" as staff awaits answers to Council inquiries. NEW BUSINESS: Page 5 of 9 April 21, 2003 a. Authorize Mayor to accept Public Works Trust Fund Loan in the amount of $100,000.00 for design of the Cascade View Neighborhood Drainage Project LINDER MOVED; FENTON SECONDED; TO AUTHORIZE MAYOR TO ACCEPT PUBLIC WORKS TRUST FUND LOAN IN THE AMOUNT OF $100,000.00, FOR DESIGN OF THE CASCADE VIEW NEIGHBORHOOD DRAINAGE PROJECT.* Councilmember Duffie left chambers during discussion of this item; yet returned before the vote was taken. Discussion ensued with a question and answer period between Councilmembers and Jim Morrow, Public Works Director. Council was seeking clarification to information presented for this agenda item. *The motion carried 7 -0. b. Authorize Mayor to sign a contract with Perteet Engineering, Inc., in the amount of $269,715.00, to provide the North Quadrant GIS Infrastructure Inventory project LINDER MOVED; CARTER SECONDED; TO AUTHORIZE MAYOR TO SIGN A CONTRACT WITH PERTEET ENGINEERING, INC., IN THE AMOUNT OF $269,715.00, TO PROVIDE THE NORTH QUADRANT GIS INFRASTRUCTURE INVENTORY PROJECT.* Jim Morrow informed Council of the City's incomplete as -built infrastructure information and noted it lacks a comprehensive inventory of all City-owned utilities. Generally speaking, areas recently incorporated from King County have little to no recorded information, and areas developed or redeveloped through the City have limited information. The global positioning study will include an area north of South 115 (Allentown) including Ryan Hill and East Marginal Way South. Of importance to the City, the study will City of Tukwila City Council Regular Meeting Minutes Page 6 of 9 April 21, 2003 show the location of all outfalls and catch basins. This will assist in the area of maintenance of those items. State and Federal regulations require the City to maintain accurate and complete information. Such requirements include: 1. The National Pollution Discharge Elimination System requires the City to have as -built infrastructure network drawings for all storm facilities. 2. The Capacity Management, Operations and Maintenance, requires the City to develop a program to address deficiencies leading to sanitary sewer overflows. 3. The Government Accounting Standards Board requires the City to annually track City assets by depreciation of value or reporting maintenance outlays and providing periodic condition assessments. The Storm Water component of this survey requires additional and more detailed information than the other components of this effort. Therefore, it is recommended that of the $269,715.00 required for this effort, $169,715.00 come from the 412 Fund and the remaining $100,000.00 come from the 303 Fund. *The motion carried 7 -0. c. Authorize Mayor to sign Supplement #2 with Entranco Engineers in the amount of $250,000.00 for construction management services on the Interurban Bridge Widening Project SIMPSON MOVED; FENTON SECONDED; TO AUTHORIZE MAYOR TO SIGN SUPPLEMENT #2 WITH ENTRANCO ENGINEERS, IN THE AMOUNT OF $250,000.00, FOR CONSTRUCTION MANAGEMENT SERVICES ON THE INTERURBAN BRIDGE WIDENING PROJECT. The motion carried 7 -0. d. Authorize Mayor to sign a contract with Perteet Engineering in an amount not to exceed $82,795.00 to perform transit planning services of Tukwila's Transit Network Plan SIMPSON MOVED; FENTON SECONDED; TO AUTHORIZE MAYOR TO SIGN A CONTRACT WITH PERTEET ENGINEERING, INC., IN THE AMOUNT OF $82,795.00, TO PERFORM TRANSIT PLANNING SERVICES OF TUKWILA'S TRANSIT NETWORK PLAN.* Jim Morrow explained Perteet Engineering would conduct an analysis of Tukwila's Transit Network in conjunction with the Urban Center /CBD Master Plan and update to the City-wide Transportation Element. The transit network is a key player in the overall vitality of the transportation system. Funding for this contract comes from two sources: $70,000.00 is from the Transit Oriented Development (federal) grant (previously awarded to the Department of Community Development); and $20,000.00 will be taken from Public Works' CBD Traffic Master plan. *The motion carried 7 -0. e. Authorize the purchase of a Water Utility Maintenance Vehicle originally planned for purchase in 2004, in the amount of $46,000.00 FENTON MOVED; LINDER SECONDED; TO AUTHORIZE THE PURCHASE OF A WATER UTILITY MAINTENANCE VEHICLE ORIGINALLY PLANNED FOR PURCHASE IN 2004, IN THE AMOUNT OF $46,000.00.* Jim Morrow advised that purchase of a water utility maintenance van is required in 2003, yet is budgeted for 2004. The current step van, purchased in 1994, is leaking coolant internally and the repair cost is prohibitive, when compared to the cost of a new vehicle. City of Tukwila City Council Regular Meeting Minutes The cost of the new vehicle represents $39,000.00 for the truck and $7,000.00 for the cabinetwork, radios and light bars. Although funding of $32,000.00 is available, this creates a $12,000 shortfall. Monies have been paid into fleet from the 401 Fund to anticipate shortfalls with sufficient funds to cover the $12,000.00 needed. According to City practice /policy, that amount ($12,000.00) must be paid back to the 401 Fund by the end of 2003. The 1994 step van is slated for surplus. *The main motion to authorize purchase of the vehicle carried 7 -0. f. Authorize Mayor to execute a purchase order to King County Directors' Association (KCDA) in the amount of $45,608.00 for the acquisition and installation of play equipment and site amenities for Cascade View Community Park HERNANDEZ MOVED; HAGGERTON SECONDED; TO AUTHORIZE MAYOR TO EXECUTE A PURCHASE ORDER TO KING COUNTY DIRECTORS' ASSOCIATION (KCDA) IN THE AMOUNT OF $45,608.00 FOR THE ACQUISITION AND INSTALLATION OF PLAY EQUIPMENT AND SITE AMENITIES FOR CASCADE VIEW COMMUNITY PARK* Rick Still, Assistant Director of Parks and Recreation, answered Council inquiries and shared the same drawings as those used in the past to demonstrate a likeness of the play equipment for Cascade View Community Park. Utilizing the King County Directors' Association (KCDA) bid process provides a $12,000.00 (approximate) cost savings for the equipment desired; and includes installation. KCDA has a 6% administrative fee of $2,372.00 which is a manageable figure in Tight of the previously stated cost savings. Additionally, there are a few park amenities which are sole source type items, including lettering for the park name sign, a "rock" like play structure and safety surfacing. These items, not included in the KCDA bid process or in the park and street improvement project, will cost approximately $22,000.00. *The motion carried 7 -0. REPORTS: a. Mayor b. City Council Page 7 of 9 April 21, 2003 Mayor Mullet represented the City in Ikawa, Japan, last week. Additionally, he reported the interview process for the City Administrator's position will occur this week. Speaking of that process, the Mayor reminded all Councilmembers of the open house (to meet the candidates) at the Tukwila Community Center on April 22, 2003. Next, the Mayor announced the passing of Chief Olivas' father and noted he'd be on bereavement leave for a few days. No details were available on services. Mayor Mullet then reported demolition crews would mobilize at the Codiga Farm site on April 22, 2003. Finally, with assistance from Jim Morrow, the Mayor notified everyone that the South 180 Street underpass has been excavated and proceeds on schedule. The last section excavated was recently removed and today is the first day Union Pacific, Sante Fe and Burlington Northern flaggers were not on site. This is huge in light of the fact they cost $1,000.00 per day. Councilmember Duffie also represented Tukwila in Ikawa, Japan, last week. He spoke very highly of his visit and mentioned many of the customs observed. He announced students who went on the trip will City of Tukwila City Council Regular Meeting Minutes Page 8 of 9 April 21, 2003 make a report to Council on Monday, April 28. Mr. Duffie also reported attendance to this evening's Finance and Safety Committee meeting. Councilmember Hernandez reported meeting an AmeriCore worker recently who is looking for ways to assist in the community. She suggested they attend an Equity and Diversity Commission meeting. The next meeting may be May 8 (as rescheduled from April 24) due to a potential lack of a quorum. Next, Ms. Hernandez reported on police activity at City Hall and in her neighborhood on April 17, 2003. Council President Carter attended an April 15 SCATBd meeting (written report previously distributed) and April 16 Regional Transit Committee meeting. Councilmember Haggerton reported the Cascade Water Alliance Board of Directors held interviews on April 16 for a land use attorney. On April 17, he handled several duties (including those of Treasurer) for the Airport Communities Coalition. Councilmember Linder thanked Councilmember Haggerton for forwarding information on a recent House Bill and spoke in favor of sending correspondence thanking those who supported the Council in their position on that Bill. Council agreed sending correspondence was appropriate. Councilmember Fenton attended an April 17 Vehicle Task Force meeting. There, a State Farm Insurance Criminal Investigator, Jim Barnett, announced State Farm will be presenting the City with a "Bait Car" for a period of one year, to assist in the fight against auto theft. Other specifics relative to that are purposefully left out of these minutes. Three Tukwila Police automobiles have had the Lo -Jack (vehicle tracking) system installed, which is similar in nature to that of On -Star. He then reported he'll address the Foster High School seniors, on April 22, on "How to Rent an Apartment." Councilmember Simpson had no report. c. Staff Rhonda Berry, Acting City Administrator, had no report. d. City Attorney David St. Pierre had no report. e. Legislative Analyst Lucy Lauterbach had no report. MISCELLANEOUS: Mayor Mullet reported on two gifts presented to the City of Tukwila, from the City of Ikawa, Japan. Both gifts (1. The Twelve Zodiac Signs in Clay and 2. A Gargoyle Head) will be shipped to the United States very soon. Mayor Mullet then reminded Council of the farewell reception for retiring City Administrator John McFarland on Thursday, April 24, 2003, from 1 4 p.m., in Council Chambers. Councilmember Fenton, reminding staff of incorrect dollar amounts on tonight's agenda face sheet and Council Agenda Synopsis forms, asked what could be done to ensure accuracy, so that motions may be made with accuracy during the meetings. Bob Baker and Rhonda Berry explained where the confusion may have arisen (for this agenda) and noted staff will take greater efforts to ensure amounts listed on the CAS match those contained on the agenda face sheets. Councilmember Haggerton noted that the sidewalk on South 160 (north side of the street), "across the street from that blue house that has a number like 4255," contains one section of sidewalk that has been City of Tukwila City Council Regular Meeting Minutes Page 9 of 9 April 21, 2003 removed and filled in with gravel. He asked when this will be fixed. Mayor Mullet will ask Public Works staff to look into this matter. ADJOURN: 9:06 p.m. HAGGERTON MOVED; FENTON SECONDED; TO ADJOURN THE REGULAR MEETING. The motion carried 7 -0. I c,�L 1 Steven M. Mullet, Mayor Date Minutes Signed: Mav 5, 2003 ILI Robert H. Baker, CMC, Deputy City Clerk