HomeMy WebLinkAbout2003-08-18 Regular MinutesCALL TO ORDER /PLEDGE OF ALLEGIANCE:
TUKWILA CITY COUNCIL
Council Chambers City Hall
August 18, 2003 7:00 p.m.
Mayor Steve Mullet called the Regular Meeting to order at 7:01 p.m. and led the audience in the Pledge
of Allegiance.
ROLL CALL:
REGULAR MEETING MINUTES
Barbara Saxton, Recording Clerk, called the roll of Council. Present were Councilmembers Joe Duffie,
Joan Hernandez, Jim Haggerton, Pamela Linder, Dave Fenton and Richard Simpson.
HAGGERTON MOVED; DUFFIE SECONDED; TO EXCUSE THE ABSENCE OF COUNCIL
PRESIDENT PAM CARTER. The motion carried 6 -0.
OFFICIALS:
Rhonda Berry, Acting City Administrator; Bruce Disend, City Attorney; Lucy Lauterbach, Council Analyst;
Barbara Saxton, Recording Clerk; Jim Morrow, Public Works Director; Steve Lancaster, Community
Development Director; Darrell Baskin, Lieutenant, Police Department; and Beth Button, Domestic
Violence Advocate.
SPECIAL PRESENTATIONS:
a. Introduction of New EmDlovees:
Brandon Miles, Associate Planner, DCD
Kathryn Devlin, Assistant Planner, DCD
Item stricken from the agenda as neither contract employee was present.
Mayor Mullet introduced Bruce Disend, City Attorney and law partner in the firm of Kenyon Disend.
b. Proclamations /Appointments Equity Diversity Commission
1. Joan Hernandez Position #1 Term Expires 07 -31 -05
2. Jonathan Joseph Position #3 Term Expires 07 -31 -05
Lucy Lauterbach, Legislative Analyst, reported Ms. Hernandez has been a contributing member to the
Equity and Diversity Commission since its inception and supports her reappointment.
FENTON MOVED; LINDER SECONDED; TO REAPPOINT JOAN HERNANDEZ TO THE EQUITY
AND DIVERSITY COMMISSION, POSITION #1, WITH A TERM TO EXPIRE 07- 31 -05.
The motion carried 6 -0.
Ms. Lauterbach reported high school student Jonathan Joseph was unable to attend this meeting.
Current Vice Chair of the Commission, Mr. Joseph is the son of Margaret Joseph, former Chair of the
same Commission.
HERNANDEZ MOVED; FENTON SECONDED; TO REAPPOINT JONATHAN JOSEPH TO THE
EQUITY AND DIVERSITY COMMISSION, POSITION #3, WITH A TERM TO EXPIRE 07- 31 -05.
The motion carried 6 -0.
CITIZEN COMMENT /CORRESPONDENCE: None.
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City Council Regular Meeting Minutes August 18, 2003
CONSENT AGENDA;
a. Approval of Minutes August 4, 2003 Regular
b. Approval of Vouchers 300943 301281, in the amount of $2,276,884.80
c. Authorize Mayor to sign an amendment to the King County Animal Control Interlocal
Agreement [94- 041(a)]
d. A motion allowing disbursement of $240,000 of V -Net funds (102 Fund) to member
organizations.
e. Accept as complete the Infiltration and Inflow 2003 Manhole Repairs Project with Pivetta
Brothers Construction, Inc.; authorize release of retainage subject to the standard claim
and lien release procedures (final cost of project: $47,749.35).
HERNANDEZ MOVED; FENTON SECONDED; APPROVAL OF THE CONSENT AGENDA AS
PRESENTED. The motion carried 6 -0.
BID AWARD:
AWARD A CONTRACT TO D. L. ASAHARA CO., INC., IN THE AMOUNT OF $279,410.64,
FOR THE 2003 SMALL DRAINAGE PROGRAM
Councilmember Linder noted review and approval of this item at the August 5, 2003 Utilities Committee
meeting. To that end, LINDER MOVED; FENTON SECONDED, AWARD OF A CONTRACT TO D. L.
ASAHARA CO., INC., IN THE AMOUNT OF $279,410.64, for the 2003 Small Drainage
Program.*
Discussion: Councilmember Haggerton reported the dollar amount listed on the face of the agenda
differed from that contained on the Council Agenda Synopsis. Jim Morrow, Public Works Director,
reported a total base bid amount of $279,519.44. Based upon receipt of that information,
LINDER MOVED; FENTON SECONDED; TO AMEND THE DOLLAR AMOUNT IN THE MAIN
MOTION TO $279,519.44.
*Vote on the motion to amend The motion to amend the main motion carried 6 -0.
Discussion centered upon a request for a complete listing of 2003 Small Drainage projects. Also
discussed was the justification for bringing this item directly to a Regular meeting, versus (first) going to
a Committee of Whole.
*Vote on the main motion, as amended, carried 6 -0.
PUBLIC HEARING:
Proposed use of Local Law Enforcement Block Grant funds to reduce crime and
improve public safety.
7:14 p.m. Mayor Mullet opened the public hearing.
Darrell Baskin. Police Lieutenant, reported Tukwila's eligibility to receive a local law enforcement
block grant for fiscal year 2003 in the amount of $22,011. The City is also obligated to bring forth
matching funds in the amount of $2,446.00, bringing the total to $24,457.00. This dollar figure
represents the amount of monies available to the Police Department to spend towards improving law
enforcement and reduce crime.
At the August 4, 2003 Regular City Council meeting, Resolution #1528 was accepted which authorized
City staff to make application for the grant monies. Said application was made on August 8, 2003. On
August 11, the grant award was approved.
City of Tukwila
City Council Regular Meeting Minutes
7:18 p.m. Mayor Mullet closed the public hearing.
NEW BUSINESS:
Page 3 of 7
August 18, 2003
The next step is to hold this public hearing, allowing citizens the opportunity to provide input on how
those monies should be spent.
Although the exact intent for the use of the funds is unknown, the Police Department has (in the past)
used the funds to pay for the contracted position of Domestic Violence Legal Advocate. At this point
"options are open" and no decisions have been made.
Joanne McManus, 5610 South 133 Street, Tukwila, supports receipt and use of the grant monies
however possible to stop crime. Residents near the Neighborhood Resource Center have recently
contacted her regarding thefts and crime in that area.
Councilmember Duffie noted possible use of funds could be to place cameras in police cars. It was
reported VNET funds would be used to fund the cameras. Mayor Mullet stated funds to be received for
fiscal year 2003 will not equal those received in the past, and the Police Department staff will work the
issue during the budget process.
Responding to an inquiry from Councilmember Haggerton, Lt. Baskin reported funds must be utilized
within two years from the date of receipt. While there are no requirements to name a specific use of the
funds, periodic reporting must be done showing the progress of the program(s).
At this point, an advisory board will review the proposed funding and recommendations and report to the
Chief of Police. Answering in the affirmative, Lt. Baskin agreed to report back to the Council when the
specific use of the funds is known.
A resolution extending medical benefits to dependents of employees called to active duty.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
PROVIDING EXTENDED MEDICAL, DENTAL AND VISION COVERAGE FOR EMPLOYEES'
DEPENDENTS AS A RESULT OF CITY EMPLOYEES BEING CALLED FOR ACTIVE DUTY IN
THE UNITED STATES MILITARY
FENTON MOVED; DUFFIE SECONDED; READING OF THE PROPOSED RESOLUTION BY TITLE
ONLY The motion carried 6 -0.
Bruce Disend, City Attorney, read the title of the proposed resolution.
FENTON MOVED; DUFFIE SECONDED; ACCEPTANCE OF THE PROPOSED RESOLUTION AS
READ.*
Discussion: Councilmember Duffle reported review and approval of this item at this evening's Finance
and Safety Committee meeting.
Councilmember Haggerton reported no gaps exist between the two resolutions; and thus, no gaps in
coverage will be experienced by those affected.
For the record, Councilmember Fenton is "very pleased with the City's approach to this" issue, and
thanked the City for the efforts.
*The motion carried 6 -0.
APPROVED RESOLUTION #1529
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City Council Regular Meeting Minutes August 18, 2003
UNFINISHED BUSINESS:
a. An ordinance renewing a moratorium on certain land divisions and land uses
in the TOD Planning Area
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
RENEWING A SIX -MONTH MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR
CERTAIN LAND DIVISIONS, AND DEVELOPMENT ACTIVITIES AND LAND USES WITHIN
THE AREA DESIGNATED FOR TRANSIT- ORIENTED DEVELOPMENT AROUND THE
TEMPORARY COMMUTER RAIL/AMTRAK STATION AT THE LONGACRES SITE; PROVIDING
FOR SEVERABILITY; DECLARING AN EMERGENCY; AND ESTABLISHING AN EFFECTIVE
DATE
DUFFIE MOVED; HERNANDEZ SECONDED; TO HAVE THE PROPOSED ORDINANCE READ BY
TITLE ONLY. The motion carried 6 -0.
Bruce Disend, City Attorney, read the title of the proposed ordinance.
DUFFIE MOVED; HERNANDEZ SECONDED; TO ADOPT THE ORDINANCE AS PRESENTED.*
Discussion: Steve Lancaster, Director, Community Development Department, reported the next meeting
for the Transit Oriented Development planning process is September 15, 2003, from 1:00 to 3:30 p.m.
The date of the next Urban Center planning process is September 16, 2003, also from 1:00 to 3:30 p.m.
Notices are being distributed.
*The motion to adopt the ordinance as presented carried 6 -0.
APPROVED ORDINANCE #2025
b. A resolution granting an administrative variance to the City's Flood Ordinance
No. 1462 to allow wet- floodproofing of the Starfire Maintenance and
Concession Facility at Fort Dent Park
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
ALLOWING FOR THE ADMINISTRATIVE VARIANCE TO TUKWILA MUNICIPAL CODE
CHAPTER 16.52 AND ALLOWING FOR THE WET FLOODPROOFING OF THE STARFIRE
MAINTENANCE /CONCESSION FACILITY
LINDER MOVED; FENTON SECONDED; READING OF THE PROPOSED RESOLUTION BY TITLE
ONLY. The motion carried 6 -0.
Bruce Disend, City Attorney, read the title of the proposed resolution.
FENTON MOVED; HERNANDEZ SECONDED; ACCEPTANCE OF THE PROPOSED RESOLUTION AS
READ.*
Discussion: Councilmember Linder reported review and approval of this item at the August 5, 2003
Utilities Committee meeting. This is the second of two variances sought by Starfire Sports. The first
variance request was granted earlier in 2003. Additionally, Ms. Linder noted the proposed ordinance
authorizes the variance request. Additional documentation must be received by the City such as a
Certificate of Insurance and a Hold- Harmless Agreement.
According to Jim Morrow, Public Works Director, one condition to be placed on the permit is the
mandatory installation of a manual valve on the sewer system.
*The motion carried 6 -0.
APPROVED RESOLUTION #1530
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City Council Regular Meeting Minutes August 18, 2003
c. A motion supporting the Cascade Water Alliance Block contract on water
supply.
Jim Morrow, Public Works Director, reported that in January, 2004, Seattle will increase their rates.
Based upon the consumption figures received to date, Tukwila's water will cost $1,377,580.00, if
purchased from the City of Seattle. The figure for the same amount of water, if purchased from the
Cascade WaterA /iance be $1,333,400.00, representing a savings of $44,180.00.
Councilmember Linder reported review and approval of this item at the August 5, 2003 Utilities
Committee meeting. The information provided by Mr. Morrow (tonight) was also received at Committee
meeting and was met with approval.
LINDER MOVED; FENTON SECONDED; TO SUPPORT THE CASCADE WATER ALLIANCE BLOCK
CONTRACT ON WATER SUPPLY. The motion carried 6 -0.
d. A motion authorizing the expenditure of $90,000.00 to extend the
Connectivity Program including extension of a contract with Asset Analytics
through 12- 31 -03.
FENTON MOVED TO AUTHORIZE THE MAYOR TO SIGN A CONTRACT AMENDMENT WITH
ASSET ANALYTICS, IN THE AMOUNT OF $34,000.00, WITH AN ADDITIONAL $56,000.00 FOR
USE IN PHASE III OF CONTINUED EXPANSION OF THE CONNECTIVITY PROGRAM
Discussion: Councilmember Fenton explained $56,000.00 will be used to finish the connectivity survey,
to design the system, and determine which businesses will hook up to the system first.
Mr. Morrow clarified that the scope of work will include a finalization of the business plan for the
connectivity project, where Asset Analytics will present to the Council all content providers interested in
providing services across the network. It will include finalizing and creating a set of plans and
specifications for completion in the Urban Center, creation of a design for the active system, and a plan
of deployment over the coming years.
A goal, according to Mr. Morrow, is to have enough information for Council to decide whether or not they
will want to include funds in the 2004 budget.
Dennis Robertson, 16038 48 Avenue South, Tukwila, referring to comments made by Mayor
Mullet at an earlier meeting, (re: the need for "short-term loans" or borrowing of funds for the City to
finance the connectivity project), stated his professional experience shows that early on in such a project,
it is common to create a "rough order of magnitude." In his estimation, City staff should be somewhat
closer to that rough order of magnitude by now; that is, should be aware of an approximate figure, give
or take another approximate figure, on what the project could cost.
Additionally, Mr. Robertson informed Council he is aware of a "budgeting problem" in the City, being
worked by the Mayor, Council and staff, and spoke against proceeding further on the project without
knowing the rough order of magnitude, especially in light of difficult economic times. The community
member said it is "not normal in this business" to get much past the early stage without the consultant
providing such information (more financial information).
Mayor Mullet informed Mr. Robertson that an order of magnitude has existed for some time. Originally
believed to be $20 million, the number has decreased to $10 -15 million. The need for the last phase of
the project is to develop a business plan, determine costs, potential returns, timing, and to receive
feedback from other cities slightly ahead of Tukwila in this same project. When that information is
received, it will be reported to the Council. It is the Council who must then decide whether or not the
potential returns would be worth the expenditures.
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City Council Regular Meeting Minutes August 18, 2003
Councilmember Fenton revealed Council has had the order of magnitude for nearly one year, at a 25%
stage. Additionally, he spoke in favor of proceeding to determine the potential return on the
investments.
Jim Morrow reported "Committee" has just made the decision to go with an active system. Staff looked
at the pros and cons between active and passive systems for getting the system deployed. The systems
require vastly different types of equipment and infrastructure to support them. Since the decision has
been made, staff can begin the process to receive the final cost estimate (for an active system).
Additionally, staff has recently determined where "holes" exist in the current conduit system, located
within the Urban area. Since those have been identified, staff is more able to add in a construction value
required to complete that deployment, then determine how to break the project into multiple phases.
Only then, can staff provide the types of cost estimates the City Council is accustomed to seeing.
Councilmember Linder spoke in favor of Council holding a discussion relative to determining the use of an
active or passive system. Recalling a discussion from over one year ago, Ms. Linder felt it should be a
decision of the Council, not the Committee. If nothing else, Ms. Linder needs clarification.
Councilmember Fenton spoke in favor of asking the consultant, David Luman, (Asset Analytics) to show
a video from Provo, Utah, which covers this very element of the project. Mayor Mullet noted he would
contact Mr. Luman to schedule such a presentation within the next few weeks.
Councilmember Haggerton stated that if Council agrees to the proposed amended contract before them,
there is no way that it can be construed as agreeing to actual construction of any kind after November
30, 2003. Council consensus existed with that statement.
*Vote The main motion (authorizing the Mayor to sign a contract amendment) carried 6 -0.
REPORTS:
a. Mayor
Mayor Mullet noted the City invested in a program regarding youth wherein former Tukwila Municipal
Court Judge Peter Lukevich sought monies. The current judge, Kim Walden, is seeking additional
financial support for the program. More information will come to the Council during budget discussions.
Jail discussions continue at Suburban Cities Association. The Mayor and Council discussed ongoing issues
facing the SCA and the need for continued efforts on those items.
b. City Council
Councilmember Duffle attended the August 18, 2003 Finance and Safety Committee meeting and
reviewed the contents of that agenda with the Council.
Councilmember Hernandez attended the August 12, 2003 Community Affairs and Parks Committee
meeting and the August 14 and 15, 2003 AWC Budgeting Conference in Leavenworth.
Councilmember Haggerton raised concern regarding page 7 of 8 to the August 11 City Council
Committee of Whole meeting minutes, relative to the Tukwila Village and Connectivity issues. He stated
consensus was not heard when he reviewed the cassettes from that meeting. The concern lies in the
fact that "it was [only] casually mentioned about that $10 million Public Works Trust Fund loan, for
the surface water and the sewers As the item has neither been to a committee meeting or COW, nor
has communication been held with community members regarding rates, Council could not have provided
consensus to move forward as stated in the minutes. He did speak in favor of Council discussing the $10
million loan in greater detail at a later meeting.
HERNANDEZ MOVED TO STRIKE THE STATEMENT FROM THE 08 -11 -03 COW MINUTES,
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City Council Regular Meeting Minutes August 18, 2003
PAGE 7, LINE 12, "Council consensus existed for staff to move forward with each of the
projects reviewed.
Brief discussion and clarification of the issue, including intent, took place.
*Although no vote was taken on the motion, the item was briefly discussed among some
Councilmembers and the Deputy City Clerk will strike the statement from the "final" minutes before being
presented to Council President Carter for signature.
Councilmember Linder had no report.
Councilmember Fenton had no report.
Councilmember Simpson attended a recent Highway 99 Action Committee meeting. He also reported
the annual Highway 99 Action Committee BBQ will take place August 23, 2003 at Larry's Market. Finally,
he noted the next clean -up effort (on the Highway) would take place August 30, 2003.
c. Staff
Rhonda Berry reported her intent to participate in the Washington State City Managers Conference on
August 19, 2003, in Winthrop.
d. City Attorney
Bruce Disend reported Bob Noe's replacement has been hired. Ms. Shelley Kerslake will work with
Kenyon Disend and is currently working in the Tacoma City Attorney's Office as a Senior Litigator. Ms.
Kerslake will begin employment on September 10, 2003. For formal introduction to City staff, Ms.
Kerslake will attend the September 8 Department Directors' meeting.
e. Legislative Analyst
Lucy Lauterbach reported efforts to coordinate lunches with Washington State Legislators were
unsuccessful at this time. She proposes the month of October may be a better time. Efforts will
continue.
MISCELLANEOUS:
Joanne McManus., 5610 South 133 Street, Tukwila, reported a car wash held over the weekend
was actually conducted for the good of a private family. It was not for a non profit organization or event.
ADJOURN:
8 :17 p.m. FENTON MOVED; HERNANDEZ SECONDED; TO ADJOURN THE REGULAR
MEETING. The motion carried 6 -0.
""leL'
Steven M. Mullet, Mayor
Date Minutes Signed: September 2, 2003
Barbara Saxton, RecordingtClerk